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Level 2
October 16, 2024
Question

Filing Status: Married Filing Jointly vs Separately

  • October 16, 2024
  • 5 replies
  • 0 views

Good day, TurboTax Community. While https://turbotax.intuit.com/tax-tips/marriage/should-you-and-your-spouse-file-taxes-jointly-or-separately/L7gyjnqyM provides commendable insight to the pros/cons of a married couple Filing Jointly vs Separately, receiving no intelligible guidance during a phone call with the IRS, I am hopeful a viewing tax expert may advise which status is most appropriate for my current - and future - married realities:

 

In February 2024, I married a foreign national. My spouse does not reside in the U.S. and will not be granted a long-term visa for at least two years. Understandably, all income earned by my spouse during 2024 and 2025 originates from outside the U.S. (FYI: My spouse's income is informal  - a monthly stipend as a family caretaker - that is not reported in her native country.) My spouse's income does not meet the Filing Threshold for any U.S. Filing Status. My spouse does not have a SSN or ITIN...and will likely never qualify for either after moving to the U.S. due to (1) not working outside the home or (2) informally earning very low individual income annually.

 

In mid-2026, we are optimistic that my spouse will be granted a long-term visa to reside with me in the U.S. Each year in the U.S., my spouse will continue not meeting the Filing Threshold for any U.S. Filing Status.

 

Questions:

 

1. Which Filing Status should I/we employ in 2024 (and 2025) while my spouse does not reside in the U.S., employed informally in her native country, and does not earn sufficient income to meet the Filing Threshold for any U.S. Filing Status?

 

2. When my spouse is approved to reside in the U.S., but continues not earning sufficient individual income meeting the Filing Threshold for any U.S. Filing Status, which Filing Status should I/we use in 2026 and beyond?

 

Thank you for your interest and guidance.

    5 replies

    Level 15
    October 16, 2024
    No text available
    Level 15
    October 16, 2024

    First, congratulations.

     

    Second, what country?

     

    Third, the answer below is generally true, but might be modified if there is a tax treaty with your specific country.  @pk12_2 will be the best person to answer that. 

     

    The general rule is that if you file separately, you only report your own income and deductions.  You usually can't e-file because your spouse doesn't have a tax ID number.

     

    If you file jointly, you must make an election to treat your non-resident alien spouse as a US resident for tax purposes.  When you do this, you are required to list all your spouse's income and deduction on your tax return with your own income. This subjects your spouse's income to US taxation, but you can claim a credit or deduction if she also pays tax in her home country.  Filing jointly usually results in lower US tax because it has a lower tax rates, and some deductions and credits are limited or disallowed when filing separately.  However, the financial impact of filing jointly or separately in your situation can only be determined by you, by testing both scenarios.   IRS info here.

    https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

     

    If you want to file jointly, you will need to apply for an ITIN for your spouse.  You can't e-file your tax return.  Instead, print and sign the tax return, and also complete a sign a form W-7 ITIN application.  Mail the tax return, the W-7, and any required identity documents to the IRS address for ITINs, not the address for tax returns.  After the IRS issues the ITIN they will process your return.  Your wife will not be granted an ITIN unless she has a financial connection to the US -- since she does not have a US job or own property, her connection is established by filing a joint return, so she will generally be ineligible for an ITIN if you try to apply before filing the tax return.

     

    Also note that when she applies for citizenship or a green card, there will be a question, "have you ever failed to pay income tax that you owed." She doesn't owe tax if you file separately, unless she somehow has US-source income, but she would owe tax if you filed jointly, so be sure to include her income on a joint return even though she doesn't get a US W-2 or 1099.

    Alumni - Champ
    October 16, 2024

    This TurboTax help article details your filing options when your spouse is a non-resident alien:

    How should I file my taxes if my spouse is a nonresident alien? (intuit.com)

    **Answers are correct to the best of my ability but do not constitute tax or legal advice.
    Level 15
    October 16, 2024

    @please_help ,  Having gone through your post ( description of the situation ),  and agreeing with the  responses  from my colleagues @Opus 17  and @TomD8 ,  there are few things  I would like to add:

     

    (a) You have not answered as to  your own immigration status ( citizen/ GreenCard/ Resident for Tax purposes ); if you are US citizen, then which country are you a citizen of  --- this is only for completeness and may have no effect on  tax situation

    (b) Your spouse , where is she from ?    Has she ever been to the USA and if so when.  This may affect things because of tax treaty ( if any )

    (c) Generally,  if the NRA spouse is not in the USA and your tax home is US, then the  "treating of spouse as a resident "   is  not much benefit, especially if there is no  tax treaty in effect  ( because then you cannot get credit for the foreign taxes paid nor be eligible for Foreign Earned Income Exclusion ).

    (d)  Note that when filing a US tax return jointly with your spouse , it is total household  income that is considered for  threshold of filing requirement.

     

     Please answer the questions   and I will circle back once I hear from you --yes ?

     

    pk

    Level 2
    January 12, 2025

    Greetings, TurboTax Community. I appreciate your feedback, Opus 17, TomD8, and pk!

     

    I am an American citizen. I return to Manila in two weeks to conduct an in-person Catholic wedding ceremony to remove all reservations of my love for my foreign wife. This will be my second visit to the Philippines, my wife's homeland.

     

    I remain undecided how to file - either "Married, Filing Separately" or "Married, Filing Jointly." While the former is the 'status quo' allowing for e-File, the latter slightly reduces my taxable income (I will remain at 12% in both scenarios). No matter which is chosen, the economic data will be nearly exclusively my own (my wife has worked as an undocumented live-in caretaker her entire life with no tax reporting requirements due to her income being egregiously low). When I die, as my beneficiary, my wife will then have cause to file a tax return in her name; if all that is needed to file is an ITIN, then perhaps now is the time to apply for her ITIN while accepting that I must mail all federal and state income tax returns from this point forward?

    Level 2
    February 10, 2025

    Greetings, TurboTax Community. I appreciate your continued interest and questions, Opus 17 and pk.

     

    I returned to the U.S. last week after performing the in-person Catholic wedding ceremony my wife dreamed about for all her life. She looked magnificent in her long flowing white dress. She plans to keep the dress forever; while impractical, I now have learned that anything and everything is viewed as a "memory" in Filipino culture - hence why they take a billion photos and selfies wherever they go.

     

    During yesterday's video chat, my wife confirmed that she intends to become a U.S. citizen. Once USCIS grants her a visa, she will move wherever I am. However, Immigration is so far behind that no decision is expected before mid-2026 (visa applications submitted in March 2024 have yet to be acted upon). Until she receives a visa, she will remain in her native Philippines.

     

    When I die, my wife will inherit my Roth 401k, Roth IRA, small life insurance and annuity policies, and possibly a survivor's benefit in addition to spouse's Social Security income. (Due to my chronic relocating for work, I have not purchased a house. If/when we do, she will be the sole owner after my passing.) No trust currently exists as we wait for the Philippine Statistics Authority to recognize our U.S. marriage so she can legally change her name. Due to her lack of income, my wife does not own foreign equities.

     

    My tax home is the U.S. It is only when I reach retirement age that we may consider relocating permanently abroad. I have filed an annual U.S. tax return for 20+ years.

     

    Please forgive me; my "undocumented live-in caretaker" reference relates to my wife working full-time as a domestic servant in the Philippines without any employment documentation submitted to the Philippines Bureau of Internal Revenue.  My wife has been fully employed for 20+ years, but the Philippine government possesses no employment earnings record for her (this is common for low-skilled domestic laborers in the Philippines).

     

    We do not have any children. This may change only after my wife is able to relocate with me in 2026 (or later).

     

    When I pass, in the absence of children (either biological or adopted), my wife will be my only nuclear family member. Accordingly, she will inherit all that I have saved/prepared for her. Reading today that an "inheritance tax" is state-specific (https://turbotax.intuit.com/tax-tips/estates/what-are-inheritance-taxes/L93IUc3sC#GoTo-What-are-inheritance-taxes-), it does not appear that she will be required to file a tax return when she assumes ownership of these assets. Since she will not work for a third-party after immigrating to the U.S., my wife may not need an ITIN or SSN until she takes distributions from these inherited accounts? (Again, I recognize the need for a revocable trust to bypass probate.)

     

    Long-term, she and I are open to relocating anywhere in the world. Without children, I suspect that we could wind up spending our last years in the Philippines - or in an Eastern country - to be closer to her family. This depends on our financials, however: If I must work until my death to sustain a roof over our heads, food on the table, and clothes on our backs, we'll remain in the U.S. While I am a huge saver, no amount of savings can make up for a poor economy (i.e., high inflation) or market crash.

     

    Given these details, it doesn't appear that assigning an ITIN for my wife is an urgent need and I can continue to e-File as "Married, Filing Separately" knowing that my wife has no cause to file until my passing. Does this seem accurate? (A SSN is still required for my wife to be added to a bank account and/or issued a credit card.)

    DaveF1006
    Level 15
    February 10, 2025

    Yes, keep in mind you may file married filing separately but if your wife does not have a SSN or ITIN, you won't be able to file electronically.  Here is how to file.

     

    1. Prepare your return in TurboTax.
    2. When you get to the Let’s get ready to e-file screen, select File by Mail.
    3. TurboTax will give you an error regarding the missing Social Security number or ITIN for your spouse. Proceed to print with the error, but write Nonresident Alien or NRA in the space for your spouse’s Social Security number before mailing in your return.
    4. Mail the return to the address on the instruction sheet that prints with the return.

     

    Filing Basics 

     

    @please_help 

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