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Filing Status for Foreign Citizen Spouse

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jlcl

Member
What is the name of your state? California

If wife is a US citizen and husband is a foreign, non-resident alien, can the husband and wife file a joint return? Or, would they need to file married filing separately with the husband filing a non-resident alien return?

What if they each have half-ownership to a rentral property, is the rental income split 50/50 if they file separately?
 


abezon

Senior Member
The can file jointly if the NRA spouse elects to be taxed as a US resident. In that case, worldwide income of both is reported on the return. If the NRA's income is foreign, they can either exclude the income (form 2555) or claim a foreign tax credit (form 1116), or maybe both.

If they file separately, the income & expenses are split evenly.

Does the citizen-spouse have any children? If so, she can probably file as head of household, while the NRA spouse files a 1040NR.

All answers subject to change if a tax treaty conflicts with the general rules.
 

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