My wife is from France. Questions about USA Tax Return.

[andie@vincent2007 0]

Hello all,

My wife if from France. We married on November 2007. She has not worked in the USA. Our applications with the USCIS are in the review process so she does not have a SSN yet. We are filling our tax return for 2007 in the USA. The IRS has told us to either file an extension, file separately, or use 1040NR. Turbox tax online is just as confusing as the IRS agent service reps.

Does she pay taxes to France and the USA for her income in France?

What forms do we use?

Your suggestions are greatly appreciated!

Thanks!

[The Robinsons 0]

I know by now you've most likely found an answer to your question. But this is what we were told. If you're married to a U.S. citizen you must file and pay taxes in the U.S. even if that means you pay taxes in the U.S. and France. You can however claim the foreign earned income tax credit so you don't pay double tax.

If the non-U.S. citizen doesn't have a SSN he/she must file for a Tax Identification Number. You can file for an extention in hopes that she'll get her visa and thereby SSN in time to go on the tax return.

Either way no matter what she does, she must file a tax return in the U.S. for 2007. (unless her french income falls below the filing requirements).

As a note: this is what IRS in London told us. We were facing the same problem for 2006. Thankfully my income was below filing requirements so my husband (USC) was the only one that had to file. On the return he just put 'married filing seperately'

[Cécy 44]

Yes she files in France for the income she made in France. For the US part I'm not sure. I filed here but I worked before October. It's usually to your benefit to file together anyway.