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I have an NRA wife with foreign income, what I need to know is what is the best way to file my taxes in order to get the biggest return, will the tax live help me do that

I need to know is it best to file married filing separately and then can i claim her as a dependent or not? should i file jointly and then declare her income but then are there any exemptions to her income since she spent more than 330 days in a foreign country... etc
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1 Reply
pk
Level 15
Level 15

I have an NRA wife with foreign income, what I need to know is what is the best way to file my taxes in order to get the biggest return, will the tax live help me do that

Assuming that this is your first year as married, that you are a US citizen/resident/resident for tax purposes and have been so for the full year of 2017, that your tax home is the USA ( i.e. you are in the USA ), that your wife was earning in a foreign country  and was abroad for atleast 330 days while married to you and being a Non-Resident Alien --->

(a) the only way you two can file as Married Filing Joint is for her to seek to be treated as a resident for the whole of 2017; she would need to have ITIN ( till she can get her own SSN ) -- turn in a W-7 application for ITIN along with your return. This then opens another question, is her foreign income eligible for exclusion because as a resident with a foreign tax home  one's foreign income is  generally eligible for exclusion.  This needs to be researched but I would suspect because her tax home was never USA, a foreign tax home   does not apply and therefore no eligibility for exclusion. However, because  her foreign income is subject to dual taxation ( by USA and the foreign govt. ) , USA will indeed allow  credit for foreign taxes assesed and paid.

(b) If you enter the  data correctly, answer all the  questions  from TurboTax, you should be able to get the largest legally allowed  refund or the lowest tax.

(c) cannot comment on whether you would need live-help or not but if you do then , yes it should help -- depends on how familiar you are with the USA taxes -- if this is your first year paying taxes in the USA, then live help or professional preparation would be recommended.

Hope this helps

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