jontytyt
May 23, 2011, 04:46 AM
I am a US citizen living abroad, filing jointly for the first time with my non-resident alien wife. Can we claim a "making work pay" credit of $800? Or just $400?
On the one hand, I know it says that non-resident aliens cannot claim this credit. So can we just claim $400 (for myself)?
On the other hand, if I just fill out the form (schedule M) with my SSN, it simply says that I can put $800 if I'm married filing jointly. It doesn't say my wife has to have a SSN as well. Reading the instructions of schedule M, it says who cannot file: non-resident aliens and those who can be claimed as dependents. For non-resident aliens it does not say more, but for dependents it goes on to specify that if I'm married filing jointly then neither I nor my wife can be claimed as dependents. Since it does not make such restrictions on a spouse who is a non-resident alien, it leads me to believe that if only one is a US citizen then its OK.
Please tell me which is true?
On the one hand, I know it says that non-resident aliens cannot claim this credit. So can we just claim $400 (for myself)?
On the other hand, if I just fill out the form (schedule M) with my SSN, it simply says that I can put $800 if I'm married filing jointly. It doesn't say my wife has to have a SSN as well. Reading the instructions of schedule M, it says who cannot file: non-resident aliens and those who can be claimed as dependents. For non-resident aliens it does not say more, but for dependents it goes on to specify that if I'm married filing jointly then neither I nor my wife can be claimed as dependents. Since it does not make such restrictions on a spouse who is a non-resident alien, it leads me to believe that if only one is a US citizen then its OK.
Please tell me which is true?