My newly wife lives overseas, she is not a US citizen and has never lived in the US. We are doing long distance whilst we have good jobs and saving. Do I need to include her on my taxes? We earn our own money and pay our own bills there is no bill sharing or payments going between us.
Were you married as of 12/31/2021?
No we were married in March of this year
for 2021, it's a moot point. she can not be on you tax return since you were not married.
for 2022, see this article
If you are a US citizen or US resident and your spouse does not have a Social Security number or an ITIN and you are not applying for an ITIN with the tax return then you can only file your tax return as Married Filing Separately. Where asked to enter the spouse's Social Security number enter 999-88-9999. You can only print and mail your tax return, it cannot be e-filed. When you print the tax return erase the Social Security number for your spouse and manually enter NRA for non-resident alien.
See this TurboTax support FAQ for the procedure to print and mail a tax return using the online editions - https://ttlc.intuit.com/questions/1944348-how-do-i-print-and-mail-my-return-in-turbotax-online
If you decide to file your tax return as Married Filing Jointly you must apply for an ITIN with the tax return and you would need to be providing a statement with your tax return that you want your Nonresident Alien Spouse Treated as a Resident. See IRS Publication 54 Tax Guide for U.S. Citizens and Resident Aliens Abroad page 7 - https://www.irs.gov/pub/irs-pdf/p54.pdf
Go to this IRS website for ITIN information - https://www.irs.gov/individuals/international-taxpayers/general-itin-information
Each person on the tax return needs either a SSN or ITIN number in order to successfully e-file. The Individual Tax Identification Number, or ITIN, allows taxpayers who don't have a Social Security Number (SSN) to file income tax returns. Unlike other forms of ID, ITINs only have one purpose—tax filing and reporting.
Both resident and nonresident aliens may obtain ITINs regardless of immigration status. Nonresident and resident aliens, their spouses and dependents can apply for an ITIN if they are not eligible for an SSN. Here’s who might need an ITIN:
- Nonresident aliens who are required to file a tax return
- Resident aliens who are required to file a tax return due to the number of days they reside in the U.S.
- Dependents or the spouse of a U.S. citizen or resident alien
- Dependents or spouse of nonresident alien visa holders
Tax filers who live abroad can also obtain an ITIN. Nonresident Alien Spouse - IRS options
How do I get an Individual Taxpayer Identification Number (ITIN)?
@Staddy22 , following up from @Critter-3 's excellent reply,
(a) if you and your spouse both agree and send a letter / statement requesting that she be treated as a resident for tax purposes AND you either have an ITIN or are making a retroactive request for ITIN ( for the 2022 tax filin in 2023 )
(b) because she is living abroad, she could generally claim a foreign tax home , satisfy the requirements of form 2555 and thereby exclude her income ( to the max allowed for the 2022 ) from US taxes OR , claim foreign tax credit for the taxes she paid to a foreign taxing authority.
Of course I am assuming here that she has not entered or stayed long enough to qualify as a tax resident or jeopardize her foreign tax home status ( 330 days out of 365 days abroad ).
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