Having to file jointly for your first year of marriage?

[heamatite2000 34]

So I'm filing for the first time as a married woman. I need a little guidance in whether I should file jointly or separately. I thought I had read somewhere (think it was the IRS website) that for your first year of marriage you HAVE to file jointly then you can file separately the years after. Has anyone heard about this rule?

[Crazy Cat 39,680]

Nothing REQUIRES you to file jointly if you are married....even the first year. 

[payxibka 10,044]

2 minutes ago, missileman said:

Nothing REQUIRES you to file jointly if you are married....even the first year. 

I wouldn't be so sure.  In situations where you have a USC or LPR and have an NRA spouse, you can elect to treat the NRA spouse a resident for tax purposes.  Year 1 requires a Joint return.

 

 

 

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other is a nonresident alien at the end of the year.

If you and your nonresident alien spouse do not make the election to treat your nonresident alien spouse as a U.S. resident alien, you may be able to use head of household filing status. To use this status, you must pay more than half the cost of maintaining a household for certain dependents or relatives other than your nonresident alien spouse. For more information, see Publication 501, Exemptions, Standard Deduction, and Filing Information.

Election to File Joint Return

If you make this choice, the following rules apply:

• You and your spouse are treated, for federal income tax purposes, as residents for all tax years that the choice is in effect. However, for Social Security and Medicare tax withholding purposes, the nonresident alien may still be treated as a nonresident alien. Refer to Aliens Employed in the U.S. – Social Security Taxes.
• You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years).
• Each spouse must report his or her entire worldwide income for the year you make the choice and for all later years, unless the choice is ended or suspended.
• Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect. However, the exception to the saving clause of a particular tax treaty might allow a resident alien to claim a tax treaty benefit on certain specified income.

[Crazy Cat 39,680]

Oh, OK.  I wasn't aware of that.  Thanks..

[Wuozopo 4,285]

You can file married filing separately your first year, but it will almost always be to your advantage to elect for him to be treated as a resident alien for the entire year and file jointly. 

 

How many days in 2017 was he in the US? Did he work in 2017. Many scenarios depending on your specific situation. 

[heamatite2000 34]

19 hours ago, Wuozopo said:

You can file married filing separately your first year, but it will almost always be to your advantage to elect for him to be treated as a resident alien for the entire year and file jointly. 

 

How many days in 2017 was he in the US? Did he work in 2017. Many scenarios depending on your specific situation. 

I am the the resident alien (or non resident alien i don't even know lol) and i worked for 3 months out of the year, my husband is a US citizen and and has worked all year.

[Wuozopo 4,285]

Oops. Double posted

Edited January 15, 2018 by Wuozopo

[Wuozopo 4,285]

1 hour ago, heamatite2000 said:

I am the the resident alien (or non resident alien i don't even know lol) and i worked for 3 months out of the year, my husband is a US citizen and and has worked all year.

Go to IRS.gov and find Publication 519. 

 

It explains a lot. It explains resident alien vs non-resident based on either your greencard status or your physical presence. NRAs pay a higher tax than RA, use a different form, and cannot file jointly. You might be dual status if part of the year was in another country.  It explains even if your physical presence (days in country) doesn't qualify for RA, you can choose to be (for tax filing) based on your marriage. Filing separate generally is a higher tax. You just have to work it out starting with learning what applies to your situation. Then you pick the way that is going to be the least tax for your family. Don't assume separate is somehow going to be the better deal. Do a return both ways and see the numbers if you want proof.