Hello all,


My wife if from France. We married on November 2007. She has not worked in the USA. Our applications with the USCIS are in the review process so she does not have a SSN yet. We are filling our tax return for 2007 in the USA. The IRS has told us to either file an extension, file separately, or use 1040NR. Turbox tax online is just as confusing as the IRS agent service reps.

Does she pay taxes to France and the USA for her income in France?


What forms do we use?


Your suggestions are greatly appreciated!

Thanks!

posting this in a different forum would probably help you....you've placed it under Canada

For countries that have tax treatise the answer is the same....

In lieue of an SSN she will need an ITIN from the IRS (see Form W-7)

She is has no US based income so 1040 NR is WRONG.

You can file married filing separate and her income in France is taxed in France....

If you want to file married filing joint then you need to declare her a resident alien for tax purposes and her worldwide income is considered US based income and you will file Form 2555 for a credit for any tax paid to France

Thanks for the info!




Thanks! I have placed it there too.

There is a tax treaty between France and the US. I am not sure if your wife qualifies.


Here is what USCIS says:

"France

Income, including pensions, paid by the French Government or a local authority thereof to an individual in the United States for services performed for France (or for a local authority of France) in the discharge of governmental functions is exempt from U.S. tax. This exemption does not apply to a person who is both a resident and citizen of the United States and not a French national.

This exemption does not apply to any income or pensions paid because of services (or past services) performed in connection with a business carried on by the French Government (or a local authority thereof). "