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Level 1
posted Mar 21, 2020 11:42:01 AM

Married filing jointly or separately ?

Need help pls..

 

1. I am a permanent resident and my husband is out of country for his work for whole 2019 should i still go ahead and file status " Married filing Jointly " or "Married Filing single"

2. In case I am filing "Married filing jointly do I need to show his foreign income  ? He is paying local tax on his income abroad.

 

Need suggestions and advice pls.

 

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1 Best answer
Level 15
Mar 24, 2020 8:15:59 AM


@nabanita2000 wrote:

Thanks but my husband is not an US citizen and he is a Visa Holder. Not sure if need to show any income to US IRS when he returned back to his home country ?

 

Can I still file "Married filing jointly" status ?

 

Thanks for all your insight


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 are filing 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 pages 6 and 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

3 Replies
Level 15
Mar 21, 2020 12:00:06 PM

If your spouse is a US citizen he must file and pay taxes on all his worldwide income.  He can take a deduction or credit if he pays taxes on the same income to a foreign country.  You can either file jointly or separately, usually it is better to file jointly.  

Level 1
Mar 24, 2020 8:13:34 AM

Thanks but my husband is not an US citizen and he is a Visa Holder. Not sure if need to show any income to US IRS when he returned back to his home country ?

 

Can I still file "Married filing jointly" status ?

 

Thanks for all your insight

Level 15
Mar 24, 2020 8:15:59 AM


@nabanita2000 wrote:

Thanks but my husband is not an US citizen and he is a Visa Holder. Not sure if need to show any income to US IRS when he returned back to his home country ?

 

Can I still file "Married filing jointly" status ?

 

Thanks for all your insight


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 are filing 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 pages 6 and 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