I am a spouse of a foreign diplomat. We are not US citizens but living in the US at the moment. I work for a US company. Should I file my tax separately in this case?

Forum|Forum|5 years ago
March 6, 2021
8 replies
80 views

Her income is from the government in Taiwan so she doesn't have US income. I do have US income working in a private US company. I think we might be considered nonresident aliens?

TurboTax Premier Online

Best answer by linaj20201

Yes. I already imported my W-2 from Trinet. It shows Tax withheld amount. And I have social security number.

Although you are not a green card holder, if you both have stayed in the US and met the Substantial Presence Test SPT, you both are considered as a US resident for tax purposes. You are not considered as nonresidents. If your spouse is an employee of a foreign government including Taiwan government, you may be able to exempt her foreign government compensation from U.S. income tax either under a provision, if one exists, in an applicable tax treaty or other international agreement, or by meeting the requirements of U.S. tax law.

For more information, click here:

Foreign embassy

Self-Employed Tax

ToddL99

Level 13

Please clarify your status - are you permanent residents of the U.S. ("green card"), do you have SSNs or ITINs, and how were your 2020 earnings reported to you by your US employer?

yunweic0430Author

Level 2

Hi Todd. I am not a permanent resident or green card holder. I am authorized to work in the US by EAD (Employment Authorization Document). I have SSN and my 2020 earning was reported by my US employer.