Taxes

[JayP]

My wife and I live in China and we got married in 2007. I understand that we can (if we choose to) file jointly. However, if we file jointly, then I cannot use the foreign earned income exclusion (which can be up to $85.7k).

 

Thus, we are going to file as 'Married filing separately'. However, if we file separately, do I need to bother with her tax return at all? Do I even need to bother to get an ITIN for her by filing a W-7 form?

 

Thanks,

JP

[dnoblett]

I don't think she needs to file at all, unless she is a green-card holder, LPR, a Resident of the USA.

[shanghaigale]

In my case when I was living there and my wife was a non resident alien, I filed separately and my wife didn't file at all because she was a non resident alien and didn't have any separate income anyway. However, she did require an ITIN number for me to file separately. This was back in 1999 so the rules may have changed since then though. I do know that now you send the Form W-7 with the 1040 when you file your taxes.

Gale

 

My wife and I live in China and we got married in 2007. I understand that we can (if we choose to) file jointly. However, if we file jointly, then I cannot use the foreign earned income exclusion (which can be up to $85.7k).

 

Thus, we are going to file as 'Married filing separately'. However, if we file separately, do I need to bother with her tax return at all? Do I even need to bother to get an ITIN for her by filing a W-7 form?

 

Thanks,

JP