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How to treat spouse


ILLMAS

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For example if you married someone from another country (not from Canada or Mexico) and you return to U.S, your spouse stays behind and works. How do you file your US tax return S, MFJ or MFS? Spouse does not have a visa, no SS# and is not a resident of Canada or Mexico to apply for an ITIN. How do you report your foreign spouse income on your US return? I am guessing you would file single, until your spouse is issued a SS#, but I wanted to see what others think.

Thanks

MAS

Ah, you should treat your spouse with love and respect :)

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You have to file as MFJ using global income for both. You should apply for an ITIN and send an statement signed by both spouses stating that they elect to be treated as "residents" for tax puposes even if one spouse has never and/or will never put a foot on USA's soil.

How about if your spouse doesn't want to file US taxes? I think you can file as single since you will have difficulties filing as MFS when your spouse doesn't want to apply for an ITIN (I think I read something to that effect somewhere).

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You have to file as MFJ using global income for both. You should apply for an ITIN and send an statement signed by both spouses stating that they elect to be treated as "residents" for tax puposes even if one spouse has never and/or will never put a foot on USA's soil.

How about if your spouse doesn't want to file US taxes? I think you can file as single since you will have difficulties filing as MFS when your spouse doesn't want to apply for an ITIN (I think I read something to that effect somewhere).

Thanks Manuel, I did a bit of research and it seems the TP can also file as MFS and use NRA (non-residential alien) as the spouse SS, since the spouse will be filing a return in their country.

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OMG Rita - three years working on a divorce? How could it take so long?

And I think "with love and respect" is the perfect answer. (my wife reads this board all the time, I have to be very careful).

Tom

Lodi, CA

OMG, Tom! I hope you haven't told your wife about "us" !!!!!!!! :o

Love and Kisses,

Cathy

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