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

    Jul 9, 2012, 05:12 AM
    I didn't file for itin, now I have ssn what about taxes last year?
    Hi,
    I am a female dutch citizen. Last year, 26th of nov. I got married in the US. My husband is a Us citizen. We didn't file for an ITIN, the end of March I got a SSN. I have disability income in the Netherlands and some savings and I pay taxes on my income over there. My husband filed married but separately and filled in my aliennumber, I didn't file anything because I pay taxes and get deductions in the Netherlands. I don't work or get any income in the US.
    Do I still need to file taxes for the one month I was married in 2011 in the US? And what about 2012? Im still officially living in the Netherlands, we don't know yet if we want to stay in the USA or go to Holland.

    Im still a dutch citizen, also still resident in the Netherlands. We are filing for Adjustment of Status here in the USA, because otherwise I had to leave the country. But aslong as I don't have US residence I want to stay registered in the Netherlands (Because of healthinsurance and pensionbenefits).
    Can I be registered in the Netherlands and be registered in the US at the same time without problems?
    Thanks for your help in advance,

    Debby
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jul 9, 2012, 12:38 PM
    Debby:

    As long as you remain in the Netherlands, do NOT reside in the United States and have NO U.S.-sourced income, you are NOT obligated to file a U.S. income tax return.

    You CAN CHOOSE to file jointly with your husband, but doing so makes ALL of your world-wide income subject to U.S. income taxes.
    dedevries's Avatar
    dedevries Posts: 3, Reputation: 1
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    #3

    Jul 9, 2012, 01:00 PM
    Thanks for your quick answer, when am I considered to reside in the USA? When I stay in the US longer than 180 days per yr? We are not going to file jointly, married but separately. We got our reasons for that, (the ex wife).
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jul 9, 2012, 01:10 PM
    It is NOT 180 days per year. You have to consider your stays in THREE-year increments.

    The formula for the Substantial Presence Test is explained in Chapter 1 of IRS Pub 519, which can be downloaded from www.irs.gov.
    dedevries's Avatar
    dedevries Posts: 3, Reputation: 1
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    #5

    Jul 10, 2012, 02:46 PM
    Thanks again for your help, Im going to take a look at it.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Jul 10, 2012, 03:26 PM
    Glad to help!
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