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Topic: Removing wife from US taxes  (Read 3299 times)

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Removing wife from US taxes
« on: February 11, 2022, 10:00:23 AM »
Just checking on this one...seems like I knew the answer at some point in the past. My wife is starting to collect a UK pension starting this year (2022), and as I am just starting my US taxes I figured I might as well just take her off of my 2021 return just to make life a little simpler for me. My income for 2021 should be a little over $18k (not including SS that is taxed here in UK). From what I remember, all I have to do is file married filing separately and add a notice stating I will be permanently removing my UK wife from my US taxes. Then I just have to take 50% of the interest from our savings accounts to put down on my US taxes along with the pension amount.

This sound right?
Fred


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Re: Removing wife from US taxes
« Reply #1 on: February 11, 2022, 12:46:26 PM »
Just checking on this one...seems like I knew the answer at some point in the past. My wife is starting to collect a UK pension starting this year (2022), and as I am just starting my US taxes I figured I might as well just take her off of my 2021 return just to make life a little simpler for me. My income for 2021 should be a little over $18k (not including SS that is taxed here in UK). From what I remember, all I have to do is file married filing separately and add a notice stating I will be permanently removing my UK wife from my US taxes. Then I just have to take 50% of the interest from our savings accounts to put down on my US taxes along with the pension amount.

This sound right?

Sounds perfect to me.  I don't even know that you have to bother with a notice saying that you are taking her off your return.  This happens all the time through death, divorce and simply choosing to do so.  It won't hurt though, particularly since you file on paper so it is easy to add a note.  Not sure how or where one would add notes like this when e-filing.
Dual USC/UKC living in the UK since May 2016


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Re: Removing wife from US taxes
« Reply #2 on: February 11, 2022, 01:08:04 PM »
Just checking on this one...seems like I knew the answer at some point in the past. My wife is starting to collect a UK pension starting this year (2022), and as I am just starting my US taxes I figured I might as well just take her off of my 2021 return just to make life a little simpler for me. My income for 2021 should be a little over $18k (not including SS that is taxed here in UK). From what I remember, all I have to do is file married filing separately and add a notice stating I will be permanently removing my UK wife from my US taxes. Then I just have to take 50% of the interest from our savings accounts to put down on my US taxes along with the pension amount.

This sound right?
Did you initially elect under IRC § 6013(g) or IRC § 6013(h)?


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Re: Removing wife from US taxes
« Reply #3 on: February 11, 2022, 01:30:20 PM »
Did you initially elect under IRC § 6013(g) or IRC § 6013(h)?
Not sure what you are asking. Just looked online at those designations.....still not sure.

I've been putting my wife on my taxes since we were married in 2007 (15 years today actually :)). At this time my US income has dropped to around $18k. My wife is now starting to take one of her UK pensions. I don't have a real good reason to keep her on my taxes and it just complicates my US taxes. So I'd rather just file for myself and take her off all IRS activity. I was under the impression I can do this, but can't keep flip flopping back and forth whenever I "feel" like it. Once she is off.....she is off for good.

*Married in 2007 while living in the UK.
*Retired to the US in 2011.
*Returned to the UK in 2015.
*Hopefully completing my 2021 taxes soon as Married Filing Separately.
Fred


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Re: Removing wife from US taxes
« Reply #4 on: February 11, 2022, 01:42:07 PM »
Did you initially elect under IRC § 6013(g) or IRC § 6013(h)?

Where is this election made?

As far as I know you simply choose to choose MFS when doing your return.  When we lived in the USA I had a good friend who I used to help file taxes including the year his wife died and a few years later when he remarried.  They were both in their late 60's and wanted to keep their finances separate and I don't recall TurboTax asking much about elections and tax codes. But that wass 10 years ago so my memory may not be correct.

https://www.investopedia.com/terms/m/mfs.asp#:~:text=Married%20filing%20separately%20is%20a%20tax%20status%20used%20by%20married,expenses%20or%20miscellaneous%20itemized%20deductions.

https://www.irs.gov/newsroom/married-filing-separately
Dual USC/UKC living in the UK since May 2016


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Re: Removing wife from US taxes
« Reply #5 on: February 11, 2022, 02:49:13 PM »
You and your non-resident alien spouse could only have filed jointly if you both made a timely election signed in ink by you both in the first year you filed jointly with a non-resident alien spouse. If no such election has ever been filed, previous returns will have used an invalid filing status. You may wish to look into filing amended returns for prior years to cure this issues.


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Re: Removing wife from US taxes
« Reply #6 on: February 11, 2022, 02:59:03 PM »
You and your non-resident alien spouse could only have filed jointly if you both made a timely election signed in ink by you both in the first year you filed jointly with a non-resident alien spouse. If no such election has ever been filed, previous returns will have used an invalid filing status. You may wish to look into filing amended returns for prior years to cure this issues.

I believe they have been married for many years and lived in the USA filing jointly for quite a while before moving to England.

Is it the case for any married couple living in the USA who move overseas and one of them becomes a non-resident alien by virtue of giving up their green card to make a separate written declaration in actual ink to the IRS to allow them to continue filing MFJ?  I did not know that.
Dual USC/UKC living in the UK since May 2016


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Re: Removing wife from US taxes
« Reply #7 on: February 11, 2022, 04:37:42 PM »
It would have been a big deal at the time and you'd have meet in person with a CAA, taken foreign passport and identifying documentation.  CAA's have immense responsibility under IRS rules and consequently are advanced practitioners with a great deal of expertise.

I did all of this for my spouse and it really was an in-depth investigation, thorough and professional. (CAA had about 30 years in the profession)

Once you revoke the election there is no going back - EVER.... So be sure it's what you want. I have a feeling, although i'm sure those in the know will jump in... You can't elect for the previous year, (2021) and only the current year. Reason - if your wife had a substantial income, won the lottery etc, she can't then 'come out' of the U.S. tax system and not pay up on that income.

You need to write a formal letter, thay you both sign to revoke, so a mail in tax return/letter


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Re: Removing wife from US taxes
« Reply #8 on: February 11, 2022, 05:11:50 PM »
It would have been a big deal at the time and you'd have meet in person with a CAA, taken foreign passport and identifying documentation.  CAA's have immense responsibility under IRS rules and consequently are advanced practitioners with a great deal of expertise.

I did all of this for my spouse and it really was an in-depth investigation, thorough and professional. (CAA had about 30 years in the profession)

Once you revoke the election there is no going back - EVER.... So be sure it's what you want. I have a feeling, although i'm sure those in the know will jump in... You can't elect for the previous year, (2021) and only the current year. Reason - if your wife had a substantial income, won the lottery etc, she can't then 'come out' of the U.S. tax system and not pay up on that income.

You need to write a formal letter, thay you both sign to revoke, so a mail in tax return/letter

I actually don't need my wife off for 2021, but I was going to do so anyway. She is just taking a pension starting in the current 2022 year. I'll likely just turn my taxes in as filing separate and see if they care.

There was no big deal when I started putting my wife on my taxes.....at least not that I can remember. We had to apply for ITIN? number and then a SS number so that would have taken some documentation. But nothing overly special that I remember.
Fred


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Re: Removing wife from US taxes
« Reply #9 on: February 11, 2022, 06:29:26 PM »
It would have been a big deal at the time and you'd have meet in person with a CAA, taken foreign passport and identifying documentation.  CAA's have immense responsibility under IRS rules and consequently are advanced practitioners with a great deal of expertise.

I did all of this for my spouse and it really was an in-depth investigation, thorough and professional. (CAA had about 30 years in the profession)

Once you revoke the election there is no going back - EVER.... So be sure it's what you want. I have a feeling, although i'm sure those in the know will jump in... You can't elect for the previous year, (2021) and only the current year. Reason - if your wife had a substantial income, won the lottery etc, she can't then 'come out' of the U.S. tax system and not pay up on that income.

You need to write a formal letter, thay you both sign to revoke, so a mail in tax return/letter
Just curious, what’s a CAA?
Dual USC/UKC living in the UK since May 2016


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Re: Removing wife from US taxes
« Reply #10 on: February 11, 2022, 06:52:05 PM »
Just curious, what’s a CAA?

This was one of the top picks from Google...

https://certifyingacceptanceagent.co.uk/


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Re: Removing wife from US taxes
« Reply #11 on: February 11, 2022, 07:21:39 PM »
This was one of the top picks from Google...

https://certifyingacceptanceagent.co.uk/

Very patronising, why so snarky, what have I ever done to offend you?

I tried Google before asking, and just tried again, and it isn’t one of the top picks  when I Google CAA. Google is very personalized.

Civil Aviation Authority

DNS Certification Authority  Authorization

Customer Access Agreement

I’ve scrolled down 2 pages and the definition you list is not on my list.




Dual USC/UKC living in the UK since May 2016


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Re: Removing wife from US taxes
« Reply #12 on: February 11, 2022, 07:46:54 PM »
Very patronising, why so snarky, what have I ever done to offend you?

I tried Google before asking, and just tried again, and it isn’t one of the top picks  when I Google CAA. Google is very personalized.

Civil Aviation Authority

DNS Certification Authority  Authorization

Customer Access Agreement

I’ve scrolled down 2 pages and the definition you list is not on my list.

My apologies Durhamlad, my message had been misconstrued. I had searched for CAA in the context of the IRS and after research, I selected the link as one of the top & best to explain the CAA role and responsibilities. Those eligibility criterium and further easy to read information.
Many sites show good information, some not so and more advertising. On balance the site I choose was benign.
You’re a well-respected contributor to this forum and from a personal perspective, goodness knows you’ve been extremely helpful in answering my questions over the years.
Again, my sincere apologies for any unintended offence caused.




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Re: Removing wife from US taxes
« Reply #13 on: February 11, 2022, 08:10:34 PM »
My apologies Durhamlad, my message had been misconstrued. I had searched for CAA in the context of the IRS and after research, I selected the link as one of the top & best to explain the CAA role and responsibilities. Those eligibility criterium and further easy to read information.
Many sites show good information, some not so and more advertising. On balance the site I choose was benign.
You’re a well-respected contributor to this forum and from a personal perspective, goodness knows you’ve been extremely helpful in answering my questions over the years.
Again, my sincere apologies for any unintended offence caused.

My bad, sorry for the knee jerk reaction.

No harm done.  Honestly, no worries.
Dual USC/UKC living in the UK since May 2016


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Re: Removing wife from US taxes
« Reply #14 on: March 11, 2022, 04:09:43 PM »
As I sit down filling IRS forms in online.....I'm coming back to the timing of taking my wife off my taxes. Does anybody know for certain if there is a wait time for taking my wife off the taxes? I thought somebody may have told me (Durhamlad?) that if you want your spouse off your taxes you might have to do it a year ahead of when you really want them off.....possibly to prevent sneaky tax dodging I guess.....which would mean I take her off this last tax year (2021) so I don't have to have her income starting in 2022 be put down with mine.

I really don't need my wife off my taxes until next tax year (2022) since she is just taking some UK pension money starting in Jan 2022. If I use her on my 2021 taxes and file jointly it would stop me from owing taxes for 2021...they would likely have to send some money back my way instead. But....I want her off my taxes at some point just to make life easier. I haven't seen anything online...at least not yet. I'll keep looking......
Fred


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