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    yhch's Avatar
    yhch Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 6, 2009, 11:57 PM
    How to report nonresident Spouse's foreign income
    Hi..
    I am a US resident and I got married in 2008. My wife (Chinese) was not living with me in 2008 and she got salary from an American company in China, and of couse, paid tax in China. Now we decide to file as married jointly, and I want to know that can my wife use 2555 to exclude her foreign income since she chose to be treated as resident alien? Or she has to file 1116 instead?

    Thank you for your help!

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

    Apr 7, 2009, 09:10 AM

    You can use Form 2555 if she meets either the bonafide residency test or physical presence test of 330 days. Else use Form 1116 to get foreign tax credit.
    Read: Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income
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