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Taxes for EU citizen married to dual US/EU citizen earning income both in US and EU
I am not a US citizen who lived and worked in the USA from 2000 - 2008 (worked 2003 - 2008 with H1B visa). My wife is an American and EU citizen and we got married in 2010. We both work, get paid and pay taxes in Europe. We jointly own real estate in the US which we rent and we are interested to purchase another property in the USA so I want to file joint returns to show my foreign income in a US tax return so I can qualify for a mortgage (as most banks will not qualify us for a mortgage with foreign pay stubs or tax returns). Is it required to apply for and obtain US permanent residency in order to file jointly ? I understand I don't have to pay US taxes on my foreign income as I pay the taxes locally (there is a treaty) and I have to pay US taxes on my rental income earned from my US properties.
My accountant for the past few years has no experience with foreign income so I understand that I will have to find a qualified accountant. |
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A married 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 the other 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 |
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If you file jointly with your wife, you CHOOSE to be treated as a resident alien for the entire tax year, which makes ALL world-wide income subject to U.S. income taxes.
Now, you can EXCLUDE up to $90,000 of your European-sourced earned income using Form 2555 (Foreign Earned Income Exclusion), provided you meet either the Bonafide Residence Test or the Physical Presence Test. You can also claim the Foreign Tax Credit (Form 1116) for taxes paid on income earned in excess of $90,000. I am fully qualified to file such tax returns. If yo need professional help, contact me at [email protected]. |
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What about the non-US citizen married to a US citizen both living in Europe and not earning income in the US? Does the non-US citizen need to file for US taxes when he has no US income nor is a US citizen?
Would the US citizen spouse should just file in married filing separately? |
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