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Employee
June 1, 2019
Question

US citizen recently married and living abroad

  • June 1, 2019
  • 1 reply
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I am a US citizen that has recently been married a UK citizen. I have just moved to the UK and need to file my taxes. How should I file my taxes and is their income taxed even though they does not work in the US?

1 reply

Employee
June 1, 2019

You can file married filing jointly or married filing separately if your spouse is a non-resident alien. If the latter and your spouse have no US source income, he/she would not be required to file. The IRS discusses the joint return election here  Note: to use the joint return the non-resident alien would be treated for tax purposes as a US resident alien. That means they would be taxed on their worldwide income, although the foreign earned income exclusion may apply.

SSN or ITIN  If your spouse is a nonresident alien and you file a joint return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). To get an SSN for your spouse, apply at a social security office or US consulate. You must complete Form SS-5. You must also provide original or certified copies of documents to verify your spouse's age, identity, and citizenship. If your spouse is not eligible to get an SSN, he/she can file Form W-7 with the IRS to apply for an ITIN. Refer to Taxpayer Identification Numbers (TIN) for more information.