Planning on Filing Separately; NRA needs to file too?

[monytchi 3]

This is only my second year filing taxes (recent college grad that still lives with their parents) so I could just be unfamiliar with a lot of processes.

 

I got married in Sept 2017, my NRA spouse has never been to the US, never worked for a US company, and has no US-earned income. I spoke with the IRS on the phone for over an hour to figure out if he needed to file US taxes or not if we were filing separately, but was told that topic was "out of scope". 

 

I understand that if I file 'married, filing separately', I don't have to apply for an ITIN for him. He pays taxes in his own country. At this point in time, I don't necessary care about receiving the spouse allowance on my taxes. Is there any expectation he would have to file taxes in the US purely because he's married to me? 

 

I'd love any advice from anyone in a similar spot! 

[payxibka 10,044]

7 hours ago, monytchi said:

This is only my second year filing taxes (recent college grad that still lives with their parents) so I could just be unfamiliar with a lot of processes.

 

I got married in Sept 2017, my NRA spouse has never been to the US, never worked for a US company, and has no US-earned income. I spoke with the IRS on the phone for over an hour to figure out if he needed to file US taxes or not if we were filing separately, but was told that topic was "out of scope". 

 

I understand that if I file 'married, filing separately', I don't have to apply for an ITIN for him. He pays taxes in his own country. At this point in time, I don't necessary care about receiving the spouse allowance on my taxes. Is there any expectation he would have to file taxes in the US purely because he's married to me? 

 

I'd love any advice from anyone in a similar spot! 

He has no requirement to file US taxes as  i assume he does not meet the physical presence test.  Being married to a USC does not mandate the NRA filing a US return there are more factors to consider

Edited February 4, 2018 by payxibka

[monytchi 3]

10 hours ago, payxibka said:

He has no requirement to file US taxes as  i assume he does not meet the physical presence test.  Being married to a USC does not mandate the NRA filing a US return there are more factors to consider

Thank you for confirming! I thought he didn't have to, he does not meet the physical presence requirements--he's never set foot on US soil!