pk
Level 15
Level 15

Deductions & credits

@stmichael6  Thank you for your quick reply.

 

As I understand your situation ----  you should be able to exclude  your 2023  earned income  from  April 2023   ( starting from the first full day in Norway , assuming you  entered Norway  directly from US to Norway ) till 12/31/2023.  You will be eligible to file  post meeting the  Physical Presence Test  --- around  April 2024.  I would have expected that all your wages  up to the maximum allowed for the tax year 2023 would be eligible for exclusion.

As I mentioned before if your spouse ( an NRA ) joins you in  filing jointly --- yes you have to  enter a dummy Tax ID for her during the preparation phase, choose file by mail,  print the forms, replace the dummy TaxID with NRA. Then  download and fill out  W-7  ( requesting a ITIN for p[ruposes of filing your return ) include all the documents required for the W-7  ( see instructions at www.irs.gov ).

Then  if your spouse has income, you have to prepare , both sign and date a request  that you both want her to be treated as a resident for the tax year.  She is married to a citizen.

 

On the subject of capital gain, please look at  article 10 ( I think  ) of the US-Norway tax treaty to determine  if only Norway or both get to tax  the  capital gain passive income.  This is based on source of the  income.  Cannot give you more guidance on this till you tell me more about the capital gain and the assets involved. 

However, if  both Norway and US tax the same income ( whether unexcluded earned income or passive income), under the double taxation clause  US will allow a credit for the taxes paid ( but is indeed limited as I mentioned above .

 

Is there more I can help you with ?

 

pk