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    DruidMajikk's Avatar
    DruidMajikk Posts: 3, Reputation: 1
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    #1

    Nov 10, 2008, 10:15 AM
    Non Resident Alien Tax
    My husband is from the UK and we were married in April 2008. Though he visits here often, he is currently employed, owns a home and resides in the UK while we await approval from the USCIS for him to immigrate (sometime in 2009). Thus, we are married but do not reside in the same country.

    What does this mean in terms of US taxes? He does not earn income here and pays tax in the UK.

    Thanks for an advice.

    Barbara
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Nov 11, 2008, 01:54 AM

    1. You are married so you can only file as married filing jointly or married filing separately.

    2. If your husband is not a resident of the U.S. and does not have income in U.S. he does not file tax return and report his UK income except if you choose to file as married filing jointly (MFJ).

    3. If you file as MFJ, both must report worldwide income. You will also claim credit for taxes paid in UK (Form 1116) or use Form 2555 Foreign Earned Income Exclusion.
    Read: Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Nov 13, 2008, 10:01 AM
    MukatA's post is accurate except for the Foreign Earned Income Exclusion.

    I suspect that your husband's frequent visits to the U.S. would make him ineligible for the Foreign Earned Income Exclusion.
    DruidMajikk's Avatar
    DruidMajikk Posts: 3, Reputation: 1
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    #4

    Nov 13, 2008, 10:12 AM

    I don't understand why he, coming in as a visitor, not supporting me in any way and his paying taxes to a foreign government has any bearing on the United States tax system. With they way they process immigration visas, they have no right to consider any of his money as taxable. In fact, as of this date, he has NO status whatsoever in the United States. He is not a resident, permanent or otherwise. He is simply married to an American. Am I wrong here?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Nov 13, 2008, 10:42 AM
    You are correct, provided you do NOT file jointly with your spouse.

    However, if you DO file jointly, then he must attach a signed statement to the return in which he explicitly states that he CHOOSES to be treated as a resident alien.

    When he signs that statement, he VOLUNTARILY makes himself subject to the U.S. tax laws.
    DruidMajikk's Avatar
    DruidMajikk Posts: 3, Reputation: 1
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    #6

    Nov 13, 2008, 11:14 AM

    Gotcha. So the choice is simply no choice -- take the path of least resistance and file Married Filing Separately.

    Thanks for your help!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #7

    Nov 13, 2008, 01:03 PM
    Glad to help!
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