E-File Taxes as MFJ with Nonresident Alien Spouse

[Crazy Cat 42,099]

23 minutes ago, mam521 said:

you guys may want to find a tax expert who can help with the German and US returns, at least for this year because it is complicated. 

Good point.  Agree.  I always recommend that, too.  Dual status aliens, Foreign income exclusions, FBAR, foreign asset reporting, etc, can get involved.  Wife and I have been using a pro in Dallas to do our taxes every year since she arrived in 2017.  I have peace of mind knowing EVERYTHING has been reported correctly.

 

Note:  The FBAR is submitted to the Department of the Treasury....not the IRS...I had no idea at the time.

Edited 10 hours ago by Crazy Cat

[mam521 2,153]

Just now, MalloryCat said:

i think that is my plan

i already hated taxes in the first place

this process just makes it worse😂

Amen, sista...amen!  

 

I pay an accountant to do ours now.  It's just not worth the headache!

[Crazy Cat 42,099]

14 minutes ago, mam521 said:

I pay an accountant to do ours now.  It's just not worth the headache!

Same here.  The year my wife arrived, she filed as a dual status alien as she had significant income prior to arriving in the US.  Our accountant showed us the best strategy for our particular situation. 

[mam521 2,153]

15 minutes ago, Crazy Cat said:

Same here.  The year my wife arrived, she filed as a dual status alien as she had significant income prior to arriving in the US.  Our accountant showed us the best strategy for our particular situation. 

Hubs receives restricted stock options so there's always something vesting at certain times so it makes it stupidly complicated.  We'll have a senior headed to uni in the fall this year, too, so we drop it like it's hot.  We can muddle through, but it comes down to what is our time worth and what is our expertise.  

[Gabriel5454 21]

3 hours ago, Crazy Cat said:

I don't think anyone implied that.  I said a SSN allows E-filing.  As stated in one of my posts above, if he does not have a Green Card, and he does not pass the substantial presence test, he is a non-resident alien. 

 

Nonresident aliens | Internal Revenue Service

"An alien is any individual who is not a U.S. citizen or U.S. national. A nonresident alien is an alien who has not passed the green card test or the substantial presence test. "

 

In addition, in order to file a joint return, he must be treated as a resident alien.

 

Nonresident — Figuring your tax | Internal Revenue Service

"Generally, you cannot file as married filing jointly if either spouse was a nonresident of the U.S. at any time during the tax year."However, nonresidents married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns. 

Everything you said in this post is correct.  However, you are missing a crucial part.  Again, I refer you to this page.  Again I will quote:

 

Quote

How to make the choice (to treat non-resident spouse as resident for tax purposes)

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

1. A declaration that on the last day of the tax year one spouse was neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A) and the other spouse was, and that you choose to be treated as U.S. residents for the entire tax year.
2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

As far as I am aware it is not possible to attach such a statement to an electronically filed return.  At least I was not able to do so.

[Gabriel5454 21]

I've started to repeat myself so I will tune out of this thread.  Feel free to look into an accountant if this is too much to handle.  I will say however that the IRS is actually very helpful if you need to consult with them (though you may have to wait a while to reach someone on the phone).  Other common things to look into are FBAR (if you have substantial assets in international accounts) and FEIE (Foreign Earned Income Exclusion) which applies if your spouse has any international income.  In most cases, you do not have to pay any income taxes on it if it is less than a certain amount (approximately $100,000).  Good luck and cheers.

[Crazy Cat 42,099]

12 minutes ago, Gabriel5454 said:

I've started to repeat myself so I will tune out of this thread.  Feel free to look into an accountant if this is too much to handle.  I will say however that the IRS is actually very helpful if you need to consult with them (though you may have to wait a while to reach someone on the phone).  Other common things to look into are FBAR (if you have substantial assets in international accounts) and FEIE (Foreign Earned Income Exclusion) which applies if your spouse has any international income.  In most cases, you do not have to pay any income taxes on it if it is less than a certain amount (approximately $100,000).  Good luck and cheers.

The FBAR and foreign income exclusion were already mentioned earlier in this thread.  They are just a couple reasons I recommend new immigrants consult a competent tax pro for the first year minimum.

Edited 7 hours ago by Crazy Cat