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    vvolp's Avatar
    vvolp Posts: 2, Reputation: 1
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    #1

    Apr 9, 2011, 07:05 PM
    Tax treaty & joint return
    Hi, I am a US citizen married (in Dec. 2010) to a nonresident alien who has been in the States under J1 visa for 2 years. Her income was not subject to taxes because of a tax treaty. Do I understand correctly that if we file a joint 2010 return, her 2010 income would become taxable? If yes, is there a better way to file our returns?
    Thank you very much.
    taxesforaliens's Avatar
    taxesforaliens Posts: 649, Reputation: 117
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    #2

    Apr 11, 2011, 11:41 AM
    That would dependent on the treaty. If the treaty text has an "exception to the saving clause", she could still claim the treaty exemption as a resident alien.
    vvolp's Avatar
    vvolp Posts: 2, Reputation: 1
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    #3

    Apr 11, 2011, 04:07 PM
    Thank you very much for your response!
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