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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

I know taxes have been covered but couldn't find the answer to my question.

I got married in Oct 2015. We have filed for AOS but still waiting to get my EAD.

I know that if you marry on the last day of the year you are considered married for the whole of that tax year.

If we file married jointly taxes does this mean I have to declare any UK income even though I was only in the U.S. for the last few months of the year and I wasn't eligible to work?

Thanks!

Posted

Yes, you report it but that does not mean it is taxed. This topic is covered in probably 30 threads in the Tax and Finance forum. Jump over there and have a look around on the first few pages.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Yes, you report it but that does not mean it is taxed. This topic is covered in probably 30 threads in the Tax and Finance forum. Jump over there and have a look around on the first few pages.

Thank you.

To add to my question, do I have to? I honestly don't know where to begin with it, I have a limited company and I get paid dividends from that, I also sold my property which isn't taxed in the U.K as it was my main residency. I of course will do whatever the correct thing is, but I would rather not have to pay another accountant when I only moved here in October and haven't earned any U.S. income.

Thanks!

Posted

No you don't have to do anything on US taxes because you earned no US income and your spouse will file Married Filing Separately.

You asked about filing jointly. If you want to file jointly, "worldwide income" from both spouses must be reported. His/her tax bill will be more than 2014 simply because Married Filing Separately is less favorable. Most get a big boost by adding the foreign spouse who qualifies for the foreign income exclusion of their salary (Form 2555).

In your case, the house sale and business and accountant fees would probably not be worth any increase in your spouse's taxes, especially if it's a low income. The foreign income exclusion is only for earned income...like for a job. It doesn't included dividends or capital gain on property. Your specific situation is nothing I have ever dealt with but I am positive you do not have to file anything in 2015 if you want to keep it simple. Your spouse will just change her filing status for 2015 to Married Filing Separately. She can claim the $4000 exemption allowance for a spouse because you did not earn in the US. That will decrease her taxable income a bit and help her bottom line.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

No you don't have to do anything on US taxes because you earned no US income and your spouse will file Married Filing Separately.

You asked about filing jointly. If you want to file jointly, "worldwide income" from both spouses must be reported. His/her tax bill will be more than 2014 simply because Married Filing Separately is less favorable. Most get a big boost by adding the foreign spouse who qualifies for the foreign income exclusion of their salary (Form 2555).

In your case, the house sale and business and accountant fees would probably not be worth any increase in your spouse's taxes, especially if it's a low income. The foreign income exclusion is only for earned income...like for a job. It doesn't included dividends or capital gain on property. Your specific situation is nothing I have ever dealt with but I am positive you do not have to file anything in 2015 if you want to keep it simple. Your spouse will just change her filing status for 2015 to Married Filing Separately. She can claim the $4000 exemption allowance for a spouse because you did not earn in the US. That will decrease her taxable income a bit and help her bottom line.

Thank you! You always give great advice.

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

~Moved from Fam.-based AOS to Tax & Finance During US Immigration Forum~

~Similar topics are often discussed at this forum~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

 
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