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Pay US taxes on foreign spouses income?

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  1. #1

    Pay US taxes on foreign spouses income?

    I'm a US citizen who hasn't paid taxes in years as I a have been studying/unemployed. I am living in HK with my wife who is a HK & Canadian citizen, and she has been supporting us and paying HK taxes.

    We've done nothing to get her US citizenship since we have no plans to live in the US, etc. However, a friend told me that we need to pay US taxes on her income since we are married and I am a US citizen.

    That seems pretty balmy to me, but then the US government also seems particularly greedy (especially for one that provides little to no health care).

    Should we have been/should we be paying US taxes? Anyone have experience with this?


  2. #2

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    If she has no citizenship or green card, there is no requirement for her to be paying US taxes.

    What you should have been doing though is filing your tax returns, even if you have no taxable income.

    elliee likes this.

  3. #3

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    Useful information here: http://americansabroad.org/issues/ta...erican-spouse/

    Hope it helps!


  4. #4

    Ok thanks for that useful information.

    I just don't understand what the point of filing an income tax return is when I have no income; seems a bit pedantic and time consuming.

    What is the benefit? That it is less suspicious when I have an income?


  5. #5

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    Of course it is pedantic and time consuming. Welcome to the dubious benefits of US citizenship.

    I have no idea what the benefits are. Neither of the two people who have answered you on this thread are US citizens (at least, I don't think that Claire is, because she understands sarcasm).


  6. #6

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    Quote Originally Posted by JackOnSan:
    Ok thanks for that useful information.

    I just don't understand what the point of filing an income tax return is when I have no income; seems a bit pedantic and time consuming.

    What is the benefit? That it is less suspicious when I have an income?
    I believe you don't have to file but you need to keep any paperwork in case the IRS decides to audit you.

  7. #7

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    If you have absolutely $0 income then there is really no obligation to file. Some people do just to "CYA". However, you do know that you have to report foreign bank accounts - if certain thresholds are met- right?


  8. #8

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    Jack,
    I was told by my account to file anyways even if I am not working or under the threshold of the tax cap while working overseas. The IRS doesn't like to see gaps in your file. think it raises a red flag with them or something to that effect.
    ugh... the long reach of the empire.....


  9. #9

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    Ask the nearest IRS by email, it's Beijing.
    I have had a similar question and got an appropriate reply.
    Btw, the tax exemption for citizens living abroad is considerable


  10. #10

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    There is no reason for your spouse to file a tax return with the IRS unless she is a US resident, or has a green card or US citizenship.

    I was once advised to file jointly with my non-US spouse in order to reduce my tax liability (not sure that was good advice...), and in order to do so she had to obtain a Taxpayer Identification Number (looks like a SSN). One drawback to doing that, however, is that she can only stop her voluntary filing one time--in other words, if she stops filing jointly with me, she can never again file jointly with me at a later date. Another lovely US tax regulation!


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