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    nickie36's Avatar
    nickie36 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Nov 30, 2010, 09:20 AM
    How do I file taxes if my husband lives and works out of the country, but I don't?
    My husband and I got married this summer. He lived and worked out of the country all year, and up until we got married, I lived and worked in NYC. My husband does not have to pay state tax, but I do. However, I have overpaid for the year and should get a refund. The refund isn't enough that I really care about it if my filing will complicate things. Can I just not file (I am 100% certain that I have overpaid, even without any of the credits/deductions I qualify for), and if not, how should I file? I'm starting to think we should have waited until the year was over to get married...
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Dec 1, 2010, 08:45 PM

    If you are a U.S. citizen or resident you can only file as married filing jointly or married filing separately. You can file joint return as residents even when your spouse has never been to the U.S. On the joint return, both of you must report worldwide income. Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

    For NY state return, you are resident and will declare all your income. Your husband is nonresident and does not have any NY income.
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