Confused about Taxes (merged)

[Nathan&Cata 5]

My husband has been living with me in Colombia since May 2015 and was living in the US before that. He worked in the US before coming to Colombia. He worked in Colombia from July to November. He went to the US to visit his family and filed his US taxes for 2015 while he was there. He only claimed his USA income on his taxes but did not state he had foreign income. He filed his taxes in February but he has only gotten the state refund. We are getting ready to submit his I-864 affidavit of support and we need to send his tax information. I am concerned if he needs to refile his taxes to include his foreign income since he has listed on all paperwork so far that he is employed here or if we let it go and see if issues arise later. We do not want to encounter issues from this.

Thanks

[NikLR 13,220]

~~moved to taxes and finances during immigration from IR1/CR1 process and procedures~~

your husband needed to declare his WORLD income.

However he likely would also be able to exclude it again so that he wasn't paying taxes in the USA on it.

[Nathan&Cata 5]

~~moved to taxes and finances during immigration from IR1/CR1 process and procedures~~

your husband needed to declare his WORLD income.

However he likely would also be able to exclude it again so that he wasn't paying taxes in the USA on it.

Thanks for answering..... How long does he have to do that? and does he have to pay for it?

[NikLR 13,220]

You normally have to pay to do your taxes.

He should fix it asap

[Nathan&Cata 5]

Do you think it is necessary? He only made like 4000 working here in Colombia.... Sorry, If we are asking silly questions, but it all looks confusing.

[NikLR 13,220]

It's required by law.

[Transborderwife 4,666]

I need another coffee. I thought that this said confused about Texas.

But yes, must file taxes

[Nathan&Cata 5]

I need another coffee. I thought that this said confused about Texas.

But yes, must file taxes

He did filed taxes but for what he made when he was working in the USA. Look what we found:

If you are a U.S. citizen or a resident alien of the United States and you live abroad, you are taxed on your worldwide income. However, you may qualify to exclude from income up to an amount of your foreign earnings that is adjusted annually for inflation ($92,900 for 2011, $95,100 for 2012, $97,600 for 2013, $99,200 for 2014 and $100,800 for 2015). In addition, you can exclude or deduct certain foreign housing amounts.

He didn't make that much....Since what we have been reading We think he applies for an exclusion.... Because his residence is not abroad it is still in the USA.....

1. Do you have foreign earned income other than from services you provided as a United States government employee or under a Personal Service Agreement with a U.S. government agency or instrumentality? (Please note that any earnings from services you provided as a United States government employee or under a Personal Service Agreement with a U.S. government agency or instrumentality are not eligible for the foreign earned income exclusion, the foreign housing exclusion or the foreign housing deduction.)?

a. Yes. Go to question 2.

b. No. You CANNOT claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction.

2. Is your tax home in a foreign country?

a. Yes. Got to question 3.

b. No. You CANNOT claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction.

https://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion-Can-I-Claim-the-Exclusion-or-Deduction

[Nathan&Cata 5]

Good afternoon to everyone,

Trying to fill an amended return with the IRS and I need to know if I have to include my wife's income since she lives abroad.... I did included her in my taxes because she has a social security card number... thanks....

[NikLR 13,220]

yes he should have/must claim his WORLDWIDE income. ALL INCOME. Then he uses form 2555 to exclude that income if he qualifies. But he must, MUST, claim that income either way.

[NikLR 13,220]

No you can file as Married filing separately or married filing jointly. Up to you.

[Nathan&Cata 5]

yes he should have/must claim his WORLDWIDE income. ALL INCOME. Then he uses form 2555 to exclude that income if he qualifies. But he must, MUST, claim that income either way.

We took the whole day searching and reading about it and he doesn't apply for the exclusion... We are trying to fill the amended return form.

[Nathan&Cata 5]

No you can file as Married filing separately or married filing jointly. Up to you.

I already filed as married filing jointly... I need to know if I have to include her income even if she lives and work in her home country...

[NikLR 13,220]

Yes that's how MFJ works. You can exclude the foreign income using form 2555

[Nathan&Cata 5]

Yes that's how MFJ works. You can exclude the foreign income using form 2555

In order to be eligible to elect to have your foreign earned income untaxed, you have to have a tax home in a foreign country, and you have to be a resident of that foreign country for the entire tax year or be physically present in a foreign country for at least 330 days out of a 12-month period. The idea behind the requirements is that the exclusion isn't intended to help short-term temporary workers but rather those who permanently relocate overseas.

I can't apply for that exclusion..... Please can you be more specific about MFJ?