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    Kellee0524's Avatar
    Kellee0524 Posts: 1, Reputation: 1
    New Member
     
    #1

    May 21, 2009, 05:40 AM
    Filing Taxes When Spouse Lives out of The Country
    Hello:

    I recently got married to my husband in April 2009 who lives abroad in Canada. We are currently waiting for immigration and he will not be here permanantly until Feb. 2010.

    I am currently claiming Single 3 on my paychecks. However, I am wondering how I will file at the end of the year being that my husband does not have any US Income or SSN. I have been told that I will file Married Filing Separate, but I know I will not get the best tax benefit that way. I was also reading that I may be able to file single because my spouse has not lived with me for more than 6 months out of the year? Is this true. Because if I am able to file Single then I would be able to file for Head OF Household and possibly Earned Income Credit. I have a 14 year old daughter who lives with me and if I am able to file HOH that would help. But is this possible if my spouse has not lived with me 6 or more months out of the year?

    Also, do you have any idea how I should be claiming to my employer for my paychecks so that I will not have to pay so much at year end?

    Any help would be appreciated! Thanks so much.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    May 21, 2009, 07:58 AM
    Whomever told you to file Married Filing Separately is ignorant of international tax law.

    You can file jointly with your husband regardless of his physical location! He could be on Mars for all the IRS cares.

    To qualify for H0H, you must be separated from yor spouse for the last six months of the calendar year, NOT just any six months in the year.

    You should claim Married with THREE exemptions on your W-4.

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