Wednesday, January 13, 2010

What should be your tax filing status if your married overseas?

My wife is Colombian. I am a U.S. citizen. We got married in Colombia. She has yet to step foot in the U.S. I have filed the necessary papers to bring her here legally. She is still in Colombia waiting for everything to go through. This is going to be the first time for me filing my tax return after I got married. How do I file? I am confused.What should be your tax filing status if your married overseas?
You can only file as married filing jointly (MFJ) or married filing separately (MFS). If you file as MFJ, both of you must report your worldwide income. You will attach W7 (ITIN application) of your spouse with your tax return.


Read: http://taxipay.blogspot.com/2008/03/us-c鈥?/a>What should be your tax filing status if your married overseas?
Since there is no residency requirement for spouses, you can file:





MFJ. Requires signed statement by her that she wishes to be treated as a resident for tax purposes. Includes worldwide income and you have to file by mail with form W-7 (if she doesn't have an ITIN or SSN).





MFS. Requires paper return if you don't have SSN or ITIN for her, even if you are not claiming her exemption. (You can claim her exemption if she has $0 US-source income).
Start here at the IRS on whether you can claim your wife.





http://www.irs.gov/pub/irs-pdf/p54.pdf
Where you got married is irrelevant as long as the marriage is recognized where it occurred.

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