Filing US taxes abroad...?

Question

Been searching with no luck. I know I have to file them (got the default 2 month extension for those abroad).

Anyway... I'm married to a foreign national (nonresident alien). IRS says I can file one of three ways, joint, single, head of household. Problem is, all require my spouse have a tax number, which isn't the case. In fact, I see no reason to report my spouse's income as she has no obligations to the US.

Anyone know how to file in this case? Thanks

The problem is that I do not want to file a joint return. I do not want to report her income at all, in fact, nor does she. So do I just elect to file separately, and do nothing for her?

Alright, I called the IRS international office and was told that I am not required to report my spouse's income (that I can file "sepeartely" and have her not file) but that she will require an ITIN either way.

Answer 1

I have the same situation. My husband is a foreign national and I live in a different country. I filed last year as "Married- filing seperately" and it worked. I hope that answers you question.

Answer 2

I am in a similar situation. If you live with your spouse, you can only file as married filing separately or married filing jointly--you CANNOT file as single of Head of Household. When you file, in either case, you attach form W-7 to your return to apply for an ITIN (Individual Tax Identification Number) for your non-citizen spouse. An ITIN is like a social security number except it doesn't work for employment purposes. You'll be sent her ITIN in about a month, which you can use as her SS# on future returns.

If you want to file a joint return, you must also attach a statement to your return signed by your spouse electing to be taxed as a US citizen. You then report her income, but you may be able to exclude it using the foreign earned income exclusion or to take credits for taxes that she pays. She is NOT required to pay self-employment taxes.

Hope this helps.

Answer 3

Your only choices normally are MFS and MFJ. You can file HoH IF you have another dependent who can be claimed as a dependent on your return, such as a child. You CANNOT file Single if you are married, even to a non-resident alien.

Your spouse doesn't need a tax # if they are a non-resident alien and you are not filing MFJ. Just write "Non-resident alien" where their SSN goes.

To file a joint return, your spouse must agree to have their world wide income taxed by the US. You must attach a signed joint declaration to every return acknowledging that fact. Your spouse would also need an SSN or ITIN. You can attach the ITIN application (Form W-7) to your first joint return if you wish and send it to the Austin, TX Service Center.

Filing a joint return may cost you more or less, it's usually best to figure it out both ways and go with whatever results in the lower tax bill.

Get copies of IRS Pubs 54 (for you) and 519 (for your spouse) to guide you.

Answer 4

Her income is reportable. Not taxable (as long as it's not $$ from US gov't sources), but reportable. As long as she's married to you, you need to report it. You also do need to get her an ITIN, especially if she is going to come back to the states with you at some point in the future.
Add her income in on line 7, and then you subtract it back out on line 21, based on filling out a form 2555.