emina
Expert Alumni

Get your taxes done using TurboTax

Hello, thanks for joining us today!

 

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a U.S. resident within the meaning of Internal Revenue Code (IRC) section 7701(b)(1)(A) and the other is not, you can choose to treat the nonresident spouse as a U.S. resident for tax purposes.

Election to file a joint return

If you make this choice, the following rules apply:

  • You and your spouse are treated, for federal income tax purposes, as U.S residents for all tax years that the choice is in effect. 
  • You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years).

  • Each spouse must report their entire worldwide income for the year you make the choice and for all later years unless the choice is ended or suspended.
  • Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect. However, the exception to the saving clause of a tax treaty might allow a tax treaty benefit on certain specified income.

Based on this, yes, you may file a joint return and if you do,  you will need to report your spouse's rental income on your US tax return.

 

Reference link: https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse