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I was on H1B and spouse on H4, have been filing US tax for 2015-2020 as married filing jointly and have been in US 365 days for all 5 years.

In 2021 - we stayed from Jan to April 2021 which is less than 183 days in US and have income only for that period in US. My question is "should we use 6013 h Election" form ? My CA is suggesting it however i am not convinced after reading about 6013h form. Please help.

Thanks

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  • Have you terminated your residency? What's your current status?
    – littleadv
    Mar 28, 2022 at 14:46
  • I am an indian citizen and currently in india Mar 28, 2022 at 15:22
  • What is the goal of this election? It sounds like you might be referring to either the closer connection exception to the Substantial Presence Test (form 8840; 26 USC 7701(b)(3)(B)) to make you nonresident alien for the whole year, or earlier residency termination date for last year of residency (26 USC 7701(b)(2)(B)) to make you dual-status. Though you can't file jointly in either of those cases.
    – user102008
    Mar 28, 2022 at 17:03

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It is unclear to me why the CA would suggest the 6013(h) election. The election is for non-resident spouse to be considered resident to allow MFJ filing, but in your case you both are residents (based on the substantial presence test) and no election is needed.

I suggest asking the CA about what exactly they're proposing. You do not need the 6013(h) election based on the facts you've presented.

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