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-   -   How to file when foreign wife is wealthy (living outside US) (https://www.askmehelpdesk.com/showthread.php?t=101936)

  • Jun 17, 2007, 06:40 AM
    razzamataz
    How to file when foreign wife is wealthy (living outside US)
    Most of the questions swing around the idea that both expat spouses are American citizens or that the American one is making all th money. My case it a bit different.

    My Thai wife makes quite a bit of money and follows all the tax laws of Thailand. She is not a green card holder or US citizen in any way. She has only been to the US once for a short visit. I am between jobs and have no income... maybe some later this year but well under the 82,400 foreign deduction.

    Ive filed every year so all my taxes are current. Can I file married filing separately and just be done with it ? Would she have any tax liability with the IRS ? It would seem rather silly if she did. Just cause she married me, now she would have to pay US tax? :eek:

    Can someone please clarify how the IRS treats this situation ?

    David
  • Jun 18, 2007, 10:44 AM
    AtlantaTaxExpert
    David:

    Yes, you can file Married Filing Separately. If all of her income is Thailand-sourced, and she chooses NOT to file jointly with you, then she has NO TAX LIABILITY to the U.S.

    The IRS may require that you get her an ITIN (Form W-7), but there is no requirement that she pay taxes to the U.S. if all of her income is from Thailand.

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