pk
Level 15
Level 15

Deductions & credits

@marley77 , as far as filing status goes , because you are married to a Non-Resident Alien and have a child , you generally have three options:

(a) you file as Married Filing Separate --- you declare your husband as NRA ( TurboTax may stop you from e-filing because  you have to provide  spouse's tax id  ( and he has none, requiring to you to use dummy SSN to satisfy TubroTax and then print, replace dummy SSN/TIN with  "N R A ", sign , date and mail in.

(b) you file as Head of Household, using your  child as qualified child  and still declare your  spouse as  NRA --- TubroTax may give you trouble because  you have to be considered unmarried    and you pretty much have to agree that you are considered unmarried   because your  spouse is NRA .

(c) you file as married  filing joint but  your spouse agrees to be treated as a US resident, source  his salary  as foreign sourced  --  an embassy of a foreign nation is sovereign territory of that country and that country is paying the salary and therefore can use the foreign tax credit to ameliorate the effects of  double taxation.  And if that country has  totalization agreement with USA  then also does not have to pay  FICA   ( Social Security and medicare  at 15.3 % of gross salary  ).

 

That is general info.  If you want more details , then please tell me the country he is from and  the country he works for.

 

I will circle back once I hear from you

 

pk