I am a spouse of a foreign diplomat. We are not US citizens but living in the US at the moment. I work for a US company. Should I file my tax separately in this case?

Forum|Forum|5 years ago
March 6, 2021
1 reply
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Her income is from the government in Taiwan so she doesn't have US income. I do have US income working in a private US company. I think we might be considered nonresident aliens?

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Best answer by linaj20201

Yes. I already imported my W-2 from Trinet. It shows Tax withheld amount. And I have social security number.

Although you are not a green card holder, if you both have stayed in the US and met the Substantial Presence Test SPT, you both are considered as a US resident for tax purposes. You are not considered as nonresidents. If your spouse is an employee of a foreign government including Taiwan government, you may be able to exempt her foreign government compensation from U.S. income tax either under a provision, if one exists, in an applicable tax treaty or other international agreement, or by meeting the requirements of U.S. tax law.

For more information, click here:

Foreign embassy

Self-Employed Tax

ToddL99

Please clarify your status - are you permanent residents of the U.S. ("green card"), do you have SSNs or ITINs, and how were your 2020 earnings reported to you by your US employer?

yunweic0430Author

Hi Todd. I am not a permanent resident or green card holder. I am authorized to work in the US by EAD (Employment Authorization Document). I have SSN and my 2020 earning was reported by my US employer.