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Married filing jointly


Pacun
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Man was here on a H1B visa and got his social security number. While working here, he got married to a US citizen and filed jointly taxes for 2008. In April 2009, went back to his county and will return to the US to work in 2 years. Wife has a child from previous marriage and she qualifies for HH.

How would you file this couple? Let's say that husband made $10K in US and 5K in his country from a local firm. No US treaty between US and country. What forms?

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Just shooting from the hip for someone else to critique, but - she can file head of household because she has a child and she and her husband lived apart the last six months of the year. If she files that way, he should file MFS and file on his global income (I think). Next couple of years if he has no US income, he can probably avoid filing. OR they could file MFJ this year, and save HOH for next year. I am not really sure about this since he does not have permanent resident status or citizenship yet. But I feel sure someone will correct me.

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I'd look at it from both angles, MFJ and HH plus MFS, and see which comes out best for the family, and best for her. If she is my client, or he is, or they both are, I'd still do it both ways and then inform them both, and let them decide. Which in this case means it it her choice, basically.

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They are "happily" married and he is just waiting for his green card abroad. They will file jointly or separate if I suggest one or the other. If they file jointly, will he have to pay ss taxes on the money he made in his country? Where will you include his income, line 21 or sch C? How about next year, all his income will come from the foreign country? For people that file 1040NR, there is no personal exemption, so, would that be legal to claim a personal exemption for him if he is not in the US?

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