Drake Tax - 1040 - EF Message 1046
Article #: 19000
Last Updated:June 01, 2026
When the Nonresident alien treated as U.S. Resident check box is marked on screen 1, you must attach a signed PDF statement to the return that includes the following:
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A declaration that, on the last day of the tax year, one spouse was neither a U.S. citizen nor a U.S. resident under IRC §7701(b)(1)(A), the other spouse was a U.S. citizen or U.S. resident, and both spouses elect to be treated as U.S. residents for the entire tax year.
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The name, address, and taxpayer identification number of each spouse.
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If one spouse is deceased, the name and address of the person making the election for the deceased spouse.
Steps in Drake Tax
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Create the PDF attachment using your preferred method. The file name must be NonresidentSpouseChoiceStatement.PDF (case-sensitive).
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Complete the PDF screen, making sure that the file name is entered exactly as above.
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Go to View/Print mode.
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Click Attach PDF.
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Click Browse and attach the PDF that you made earlier.
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Recalculate the return.
For more information regarding this election, see Publication 519.