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nonresident spouse exemption on 1040

Asked Mar 4, 2012, 05:19 AM — 7 Answers
Hello forum member.

I have two question and hopefully you might be able to help me out.

* I am a foreign national (no US citizenship or Green Card).
* I am currently not in the US
* I am nonresident for US tax purposes for 2011 (0 days in 2011 in the US)
* I did not have any US-source income in 2011 (I did have foreign income)

My wife is going to file as Married Filling Separately for 2011 tax returns (we don't want to file jointly and show world-wide income).

Questions:
1) Based on what I have read on 1040 instructions and Pub. 519, my wife can claim me (her nonresident husband) as an exemption on her federal tax returns. Please confirm.

2) If she does claim me as an exemption, will that somehow alter my nonresident for US tax purposes status?

Thank you for your time

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7 Answers
Marko_99's Avatar
Marko_99 Posts: 7, Reputation: 1
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#2

Mar 4, 2012, 05:26 AM
I forgot to mention one thing.
* I do have a US social security number because I was in the US years ago.
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,866, Reputation: 3723
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#3

Mar 5, 2012, 08:15 AM


Yes, she CAN claim your exemption if you have NO U.S.-sourced income and you do NOT file your own return.

Because you have a SSN, she even efile.
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Marko_99's Avatar
Marko_99 Posts: 7, Reputation: 1
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#4

Mar 5, 2012, 08:32 AM
Quote:
Originally Posted by AtlantaTaxExpert View Post
Yes, she CAN claim your exemption if you have NO U.S.-sourced income and you do NOT file your own return.

Because you have a SSN, she even efile.
I don't have US-sourced income and won't be filing my own US returns. We'll make sure that she claims my exemption.

That won't effect my nonresident status, correct?

thank you
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,866, Reputation: 3723
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#5

Mar 5, 2012, 10:30 AM


It will have NO EFFECT on your status at all.
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Marko_99's Avatar
Marko_99 Posts: 7, Reputation: 1
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#6

Mar 5, 2012, 10:40 AM
Quote:
Originally Posted by AtlantaTaxExpert View Post
It will have NO EFFECT on your status at all.
Thank you very much
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,866, Reputation: 3723
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#7

Mar 5, 2012, 10:55 AM


Glad to help!
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Marko_99's Avatar
Marko_99 Posts: 7, Reputation: 1
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#8

Mar 14, 2012, 01:38 PM
Quote:
Originally Posted by AtlantaTaxExpert View Post
Glad to help!
I have to clarify one thing and I am hoping that you can help me out.

Based on my research and what you advised me, we had asked the accountant who was preparing my wife's tax returns to take a second personal exemption for me (her nonresident spouse). He didn't think that she can do that and I even referred him to Pub 501.

Well he did his research and contacted IRS help desk and this is what he came up with:

"In filing married filing separately my wife gets one exemption for herself. To claim an exemption for me, I must not have earned any income in 2011 (fyi, I have earned foreign income, but NO US-sourced income), will not file a separate tax return (I will not file US tax returns), and I was supported more than 50% by my wife (I wasn't supported by my wife). Again, these statements must be attached and signed. If in compliance with all the requirements, this would give your situation another exemption worth $3,700. which would result in a lower tax and bigger refund?"
According to him the subject is covered in publications 501, 519 and 54.

I haven't started reading again to find this things. But I don't recall reading anything about this in pub 501 about nonresidents. I am thinking that this applies to resident spouses.

Please let me know what your take is.

thank you very much
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