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-   -   Dual status - Married - How to file tax return? (https://www.askmehelpdesk.com/showthread.php?t=562325)

  • Mar 14, 2011, 10:07 PM
    acx18
    Dual status - Married - How to file tax return?
    Hello experts,

    I am very confused about how to file my taxes, this is my case:
    - Mexican citizen
    - I came to US on July 1st 2010 on TN Visa
    - Worked and paid taxes until June 2010 in Mexico
    - Got married on October 2010

    My wife:
    - Mexican citizen
    - She stayed in Mexico for 2010
    - She worked and paid taxes in Mexico

    How should we file our taxes? Can we file them jointly as married?

    Thanks for your advice!

  • Mar 16, 2011, 03:42 AM
    MukatA

    You have completed 184 days in 2010. So you can file:
    Choice 1: Dual status tax return, or
    Choice 2: Joint return as resident. On joint return both of you must report worldwide income. Attach W-7 (ITIN application for your spouse) with your tax return. Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income
  • Mar 16, 2011, 05:42 PM
    acx18
    Comment on MukatA's post
    Thanks for your answer, we would like to choose option 2, if we do it, does the combined ($11, 400) standard deduction for married filing jointly apply for us?

    -Can we claim the foreign earned income exclusion for both of us? If so, form 2555 requests for a SSN, how to fill this field if my wife will get an ITIN instead of a SSN.
  • Mar 17, 2011, 06:21 AM
    MukatA

    Yes you will get standard deduction of $11,400.
    On From 2555 for your spouse, keep space for SSN blank.
    You can not efile the return. Mail paper return. Attach a first year choice statement. For more on the statement read page 9 (Statement required to Make First Year Choice) of Publication 519: Tax For Aliens.
  • Mar 29, 2011, 06:54 PM
    acx18
    Comment on MukatA's post
    Thank you very much for your answers. It is clear now.

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