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My husband and I live in England. I receive a w2 from USA but he only earns wages in UK. Should I file married separately or jointly?

 
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1 Reply
DMarkM1
Expert Alumni

My husband and I live in England. I receive a w2 from USA but he only earns wages in UK. Should I file married separately or jointly?

It depends.  If your spouse is a US resident or US citizen and therefore must file a US return on worldwide income then it may be better to file jointly and claim a foreign earned income exclusion for wages earned overseas.  Here is a link with more information on the foreign earned income exclusion.  You can complete returns both ways (joint and separate) to determine which has the greater tax benefit using a desktop (CD/download) product. 

 

In the "Wages & Income">"Less Common Income" menu you will find the "Foreign Earned Income and Exclusion" topic. 

 

If he is not a US citizen or resident and does not have a US filing requirement then you can file separately and possibly claim a foreign earned income exclusion on your wages earned overseas.  He will still need either a US social security number or Individual Taxpayer ID Number (ITIN) to include on your separate return.  

 

Here is a link with more information on non-resident spouse tax filing.   

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