I'm a US citizen. In 2019 I moved to Germany and got married. I have a few questions...
1. On Nov 5 I married an Indian citizen who earned more than me in 2019 and hasn't lived in the US since 2018, and therefore is not filing a 2019 tax return. Should I file separately and will this affect my EITC?
2. Do I need to file a split return for the time I was in the US and the time I was in Germany?
3. Which date should I use for my move?
Regarding Question 3: I first "registered" my address (at my boyfriend's (now husband's) place) in Germany on Mar 19 as having moved in on Feb 28 (my date of entry). I was still on a visitor visa, but the immigration authorities advised me that I had to register as living there before I could apply to have a residence visa (yes, I know this is weird). On May 28th I applied for a six-month "Job Seeker Visa" and was given a temporary permit ("Fiktionsbescheinigung") on the basis of having filled out the application. Then on Oct 2 I finally got the job seeker visa and I've been here ever since. Now I'm on a work visa for a job starting Jan 1 2020.
My income in 2019 (all of it was from the US):
- Freelance work (self-employed) for a company in NJ
- Rental income from an apartment in Florida, although it was a net loss, since the expenses were more than the rent.
- Bank interest
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If you are a US citizen, then you are required to file a US tax return and pay US income tax on all your worldwide income. It doesn’t matter when you entered Germany or how long you have lived there (in some cases, if your only income is from the foreign country and you lived there long enough, you can exclude that from US income tax, but that does not apply to you since your income is from the US).
If you are married, you are required to file as married filing separately or married filing jointly with your spouse. If you file separately, you are not eligible for earned income credit, that is disallowed for the filing status “married filing separately.“
If you file a joint return, you must first make an election to treat your spouse, who is a non-resident alien, as a US resident for tax purposes. Then, you must report all of your spouse’s worldwide income along with your own and pay US tax on it. You can take a deduction or credit for foreign income tax paid. However, one of the ways that you can exclude your spouse‘s foreign income from US tax will also disqualify you from earned income credit.
You don’t file a split US tax return. You will never file a form 1040-NR for a nonresident tax return unless you renounce your citizenship. As long as you are a US citizen, you are required to file a US resident tax return, even if you are not living in the US. (As mentioned, if you live overseas long enough, and your only income is from non-US sources, you can exclude that from US taxation, but you still have to file a return.)
The date you moved is the date you moved, the US does not take into account your visa issues with your new country.
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