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IRC Section 125 requires that any change in status requests processed must be consistent with the qualifying event. For example, if the employee gets a divorce, it would be a qualifying event to delete the ex‐spouse but not to add existing dependent children who were not on the employees plan.
6013. Business. Business includes any activity engaged in by any person or caused to be engaged in by him with the object of gain, benefit, or advantage, either direct or indirect. Social club as engaged in business.
6013(g) Election for Foreign Spouses: While the IRS requires U.S. Persons to report their worldwide income, assets and accounts on their annual tax return, the same is not required for Foreign Spouses.
However, the Internal Revenue Service (IRS) provides specific instances when an employee can make midyear election changes (or permitted change in election events): Change in marital status. Change in number of dependents. Change in employment.
The US spouse would typically file as married filing separately or as a head of household if they qualify. The good news is under Section 6013(g) of the IRC tax code, you can elect that the IRS treat your foreign spouse as a US resident for tax purposes, hence allowing you to file a joint US tax return.
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Under IRC 6013(h), an individual who is a non-resident alien at the beginning of the year but is a U.S. resident at years end and is married to a U.S. resident at the end of a tax year, may elect to be treated as a U.S. resident for the entire tax year.
Generally, foreign students in F-1, J-1, or M-1 nonimmigrant status who have been in the United States more than 5 calendar years become resident aliens for U.S. tax purpose if they meet the Substantial Presence Test and are liable for Social Security and Medicare taxes.

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