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November 16, 2019
Question

Filing married with austaluan citizen not living in america

  • November 16, 2019
  • 1 reply
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My husband is an Australian citizen living and working in Australia.  I am an American citizen who has just moved back to the states last year to be with elderly parents. We have two dependents (two children) that are with me in Ohio going to school here. I have been filing taxes head of household with married non resident alien. I claim the kids. Husband is the major contributor to income. I have been working as substitute here in states , 2019 may have earned 3k. Applying for affordable care act I do not qualify for premium tax credit and I also do not qualify for medicaid due to husbands income. The healthcare premiums are outrageous.  I am wondering how we should be filing taxes, is there a better way then what we have been doing?

    1 reply

    DJS
    Employee
    November 19, 2019

    This may be of some help to you: 

    Married Filing Jointly

    Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. However, nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns. For more information, refer to Nonresident Spouse Treated as a Resident.

    This is taken from the following IRS site: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-figuring-your-tax

    Answers are correct to the best of my ability but do not constitute legal or tax advice.**If this post is helpful please click on "thumbs up"**