Q: my spouse and i currently live outside of america.. what is my best option ?
my spouse and i currently live outside of america.. he is NOT a citizen. we got married in august and prior i worked up to july .. i am only 22 and didn't have much income to begin with . i was wondering what you suggest would be the best option for me going about my taxes.. without having to give back the small amount i will be receiving ? again he is not a citizen and i'm not sure if it makes any difference but when i stopped working i was still single.
A: Because you were married at the end of the year, you will have to use a married filing status - either Married Filing Jointly or Married Filing Separately. If you file Separately (understanding he won't file a US return unless he earned income in the US during the year), you will only be taxed on your income. For relatively low income earners, there is not much change in the tax rates between MFS and Single but it can affect your ability to claim various credits. If you file jointly, then he would be subjecting himself to being taxed as a US tax resident for the entire year and then would have to pay US income taxes on all of his worldwide income and perhaps be subject to various reporting requirements for the year. If you are joint on any bank accounts or investment accounts with your spouse with banks outside the US, then you may have some special reporting requirements. I suggest seeking assistance from a qualified tax preparer to help you with filing your return so they can point out any special requirements and you will want someone familiar with US taxation of worldwide income and assets. Make sure you do your research to find the right person who can help you. You can check your local Embassy website for lists of US tax preparers in that country as well.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
