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Level 3


My husband is from Denmark and will not be filing taxes to the USA. I have clicked "married and filing separate" as it is the only thing that kind of fits the situation. Due to this, I cannot add my 1098-E. Is there around this? Does it apply to NRA who do not live or work in the states?

2 Replies
Opus 17
Level 15


There are no exceptions, that is why married filing separately is a disadvantaged tax status. Congress made it that way. You have the option of filing a joint return with your spouse by declaring your spouse a US resident for tax purposes. However, this would mean that you must list all of your spouses worldwide income and make it subject to US taxation. You would get a credit on your tax return for any foreign taxes that your spouse pays on the same income. Whether this is ultimately worth it would have to be tested for your unique circumstances.


if you declare your spouse as a US resident for tax purposes, you must apply for an ITIN, international tax ID number, for your spouse. You would do this by preparing a form W-7 ITIN application.  Print and sign your tax return and mail the tax return, the W-7, and any proof of identity required by the W-7 to the IRS address used for processing W-7 applications. After the IRS issues the ITIN and returns your identity documentation, they will then process the tax return.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
Level 3


thank you!

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