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hisokajp
Feb 28, 2011, 07:43 AM
What about the non-US citizen married to a US citizen both living in Europe and not earning income in the US? Does the non-US citizen need to file for US taxes when he has no US income nor is a US citizen?

Would the US citizen spouse should just file in married filing separately?

AtlantaTaxExpert
Mar 15, 2011, 01:20 PM
The U.S. citizen can file by herself as Married Filing Separately. She would identify her spouse by name on the return and put "NRA" (for Non-Resident Alien) where his SSN would go. This return would have to be mailed.

OR

The couple can file a joint return and the non-U.S. citizen would sign a statement CHOOSING to be treated as a resident alien for all of 2010.

Those are the two options available. There is not enough information provided to determine WHICH option is the best course of action tax-wise.

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