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Topic: foreign earnings question?  (Read 1155 times)

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foreign earnings question?
« on: February 08, 2006, 06:24:06 PM »
will my filing of a foreign earnings form 2555 affect negatively or positively or otherwise on my taxes. I am  Married, does it or would it help to file married filling separately or jointly or does it matter?
will this 2555 form affect my return amount?
thanks


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Re: foreign earnings question?
« Reply #1 on: February 08, 2006, 07:07:41 PM »
It is a bit complicated.

If your husband is not a green card holder then you cannot file a married tax return unless you elect to do so.

Generally filing the 2555 reduces US tax payable so is the right thing to do in 99% of cases...


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Re: foreign earnings question?
« Reply #2 on: February 08, 2006, 07:16:41 PM »
he isnt a green card holder, but when we lived in america together they made us claim married. he had a job, ssn, permanent residency etc?
I am married, and we both have us earnings for 2005, we moved may 2005. so from jan - may dont we have to claim, at least my earnings? also we got jobs here in the uk soon after we arrived so we both have 2005 foreign earnings, although  i am not sure that chris has to claim them as he isnt american, and they are british earnings of a british citizen? we hope to file the 2555 form which should exempt us in our foreign earnings as they were under 80k? oh what a mess??? lol


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Re: foreign earnings question?
« Reply #3 on: February 08, 2006, 07:24:09 PM »
OK - you say he was a "permanent resident" in the US.  These words usually mean a green card. If he was there on an H, J, L, F or any other category of visa then he was not a permanent resident. 

However when he lived in the US he was a resident alien, therefore you did not have to elect to file joint tax returns because the election is only for non-resident aliens.  If he still has permanent residency AND has not filed for 8854 with the IRS then he is still a US resident subject to US worldwide taxes for ever.  If this is the case then you can file joint returns using 2 forms 2555 when you both qualify (which can't be yet because you have not yet spent 330 days overseas).

If he is no longer a US resident then you must file seperate US tax returns, he will file a dual staus return reporting worldwide income thru May and US source income after (if any).  You would file reporting worldwide income for the entire year, claiming the foreign earned income exclusion when you qualify...


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Re: foreign earnings question?
« Reply #4 on: February 08, 2006, 08:30:53 PM »
he was a conditional permanent resident i think? we went to the consular appt, and made our case, then they said he could stay in the us with me, and had could then go to work, which is why he needed a ssn. the stipulation was that he had to live with me for another 2 years or so, then the conditional part would be lifted or something?
so will he need to file since he earned in the 2005 year while in america? also will i just file married filing separately? do i count his income in that instance?


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