Tax help for newlyweds

Hey all! I had a search through the forums and I wasn't able to find anything, so hopefully someone can help me with a few things.

1. My husband and I got married in May last year. He is still living in the UK and I am still in the states. We want file married jointly because I have been told/read that it is possible. Has anyone done this? What was your experience? I am so confused and I really don't want to pay anyone to do my taxes. If someone can help, step by step as to what you did would be amazing!
 
2. Also do we reap benefits of tax returns from both countries? How does the marriage tax work for non-eu citizens/non uk citizens?



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Hi stef.walker welcome! 

I'm sure one of our tax gurus will be along soon to help you but I just wanted to say, what a great photo!

You have to apply for an Individual Taxpayer Identification Number for your spouse in order to do Married Filing Jointly.

https://americansabroad.org/issues/taxation/us-tax-implications-of-a-non-american-spouse/

Married filing jointly is a bit complicated, but the above article gives you a good idea it's one I read last year when I was researching my tax options. Someone with more experience may be along shortly, but a quick google search can give you a lot of info.

In the US filing jointly as a married couple comes with some nice tax breaks so most US married couples do it. But I would strongly recommend that you do not do it if your spouse is a UK citizen still living in the UK as it will open up his UK finances to US taxation ending up in great complications and depending on his assets some nasty compliance and high tax rates. Without knowing your exact circumstances it's impossible to give definitive advice, but as a rule if thumb it's best to avoid filing jointly if you have a non-resident foreign spouse. This can lead to a larger tax bill for the US spouse, but insulates the finances of the non-US spouse from US tax.


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In the US filing jointly as a married couple comes with some nice tax breaks so most US married couples do it. But I would strongly recommend that you do not do it if your spouse is a UK citizen still living in the UK as it will open up his UK finances to US taxation ending up in great complications and depending on his assets some nasty compliance and high tax rates. Without knowing your exact circumstances it's impossible to give definitive advice, but as a rule if thumb it's best to avoid filing jointly if you have a non-resident foreign spouse. This can lead to a larger tax bill for the US spouse, but insulates the finances of the non-US spouse from US tax.

+1

There may be specific circumstances in which filing jointly would be advantageous, but generally, the recommendation would be for a couple living in the UK to not subject a UK spouse to US tax legislation.

Additionally, the loss of the financial opportunities available in the UK would be lost for the household.

https://americansabroad.org/issues/taxation/us-tax-implications-of-a-non-american-spouse/

Married filing jointly is a bit complicated, but the above article gives you a good idea

Regards Jane Bruno's article which lyonaria has provided, and in particular the following extraxt from "1. Choose to treat spouse as resident alien for tax purposes.....

 But in later years you can file joint or separate returns."

The statement is precise and correct, and is found in Publication 54. When this option is elected, unfortunately, many interpret its meaning incorrectly. The US spouse may file either jointly or separately in any year other than the first, but naturally, they must file every year since they are a US citizen. The (UK) spouse, if the option is elected, may also file jointly with the US spouse, or separately, BUT, what most miss is the requirement that the UK spouse must also file every year, even if filing separately from the US spouse. They become liable to the same filing requirements as a US citizen, the requirement to file a US tax return every year they exceed the filing threshold.