janicedean164

Hi

Just a quick question for you all, my father in law was visiting New York & saw his accountant as he was filing his taxes, we had asked if he could find out if my US wife who worked overseas all of last year needed to include me on her tax returns.

He wasn't sure but thinks so, we have tried checking it out on the irs website but still no joy.

So the question we want answered is even though I worked in the UK for the whole of 2011 & paid my taxes there do I need to be included on my wife's tax return for last year, we have been married since April 2011.

We moved to the US & my residents green card is dated from the 24th December 2011.

Thanks for any help people can give us.

ian-mstm

Yes.

Ian

nun

Not necessarily, she can file married filing separately. You would then have to file US taxes yourself depending on your exact US residency status during 2011

janicedean164

Up until xmas eve I was not living in the US, my green card was confirmed on a 6 month visa(2 years once we had entered the US) on december 1st, my actual date on my green card is 24th Dec 2011 as this is when we came into NC to live, I did not work here for the whole of 2011 as did my wife who worked in the UK for the whole of 2011, thanks so far for your answers!

ian-mstm

That doesn't matter. Residency isn't the issue. You were married in April.

Ian

janicedean164

Ok that's kind of what we were beginning to think but thank you for clarifying it, the other questions are do I need to file taxes or does my wife need to include my salary for last year in her tax returns?

ian-mstm

If you were resident in the US prior to December 31, you should file a return. You likely won't have any actual tax burden. Note: "should" is not the same as "must".


Generally speaking, you'll collectively get a better tax break if she simply files as married filing jointly, and includes your salary.

Ian

janicedean164

Thank you so much for all your help, we will do as you have suggested, it makes most sense!

nun

If you go the married filing jointly route make sure you include all your foreign assets and take either FEIE or foreign tax credits. If you paid into UK pensions or owned stocks and shares ISAs or UK unit trusts you will probably have to take tax treaty positions and may have to file foreign trust and or PFIC forms too.

londonights

i agree with the above and think it is easier to file jointly from what my relative have said in the past