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Topic: UKC spouse with US earnings  (Read 788 times)

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UKC spouse with US earnings
« on: March 18, 2011, 08:51:32 PM »
Sorry if this is a repeat, but I can't seem to find any other post that fully answers my question...

I moved to the UK in Oct 2010 with UKC husband and baby daughter.  Prior to moving, I have earnings in the US, that include unemployment, totaling around $30,000.  My husband, who is freelance also did a bit of work in the US during 2010 under an O-2 visa (he has a social security number and NY state taxes were taken out) totaling around $12,000. 

Obviously I would like to file jointly for all the benefits, but am confused as to what we do about his income.  He has already filed in the UK and does include his US income as part of his total earnings.  If we file jointly, do we run the risk of being double taxed on his UK income??  Is he even allowed to file in both countries??  I am really confused about all the of foreign income credit stuff, but would any of that apply to us?

I had planned on using Turbo Tax online like I have in the past, but would I be better off finding an accountant since this may be more complicated that I have ever had to deal with??


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Re: UKC spouse with US earnings
« Reply #1 on: March 18, 2011, 09:39:32 PM »
You can file jointly if you both file an election under section 6013(g) to file.  This remains in place for all future years unless revoked by either spouse.  Once revoked, you can never again elect to file jointly with the same non-resident alien spouse.

Your husband can claim credit in the UK on his UK return for whatever Federal and State tax is attributable to the doubly taxed income.

He/you may have FBAR filing requirements.  If you make a section 6013(g) election he would include worldwide income and gains.


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