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mcveigh_sean · Dec 20, 2009, 11:57 PM

Hello I just married a german, And I was wondering how I file my taxes this year, I am in the military, and she is working in germany and is still a citizen of germany. She has had a job for part of the year, but I am not sure how this works because she has obviously not paid taxes to the US so I am not sure if I would just claim her as a dependent.

AtlantaTaxExpert · Dec 21, 2009, 11:34 AM

Sean:

You can file Married Filing Separately and claim her personal exemption on your return. You would list her name and put "non-resident alien" where her SSN would go. That return would have to be mailed; no efiling is possible without an ITIN or SSN for your spouse.

OR

You can file jointly with your wife and SHe would CHOOSE to be treated as a resident alien for all of 2009. This will allow you to claim the $11,100 joint standard deduction plus two $3,600 personal exemption (for yourself and your wife).

You will need to submit Forms W-7 to apply for an ITIN for your wife. A notarized photocopy of her passport needs to be stapled to the W-7.

The downside is that you must declare ALL of her 2009 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

Even with the downside, this is probably the best way for you to file.