Filing Taxes - Married but Separately

[Nomad82 2]

Hi All

 

This is probably not a new thing but we were wondering if we should opt for married but filing separately? We got married in September and looking at the residency test my husband have not been in the country for more than 183 days. Does this mean he does not have to declare any income for US taxation purposes although we will be filing as a married couple but separately - not sure how this will affect the AOS process so any advice is most welcome.

 

Thank you

[Wuozopo 4,293]

3 hours ago, Nomad82 said:

Hi All

 

This is probably not a new thing but we were wondering if we should opt for married but filing separately? We got married in September and looking at the residency test my husband have not been in the country for more than 183 days. Does this mean he does not have to declare any income for US taxation purposes although we will be filing as a married couple but separately - not sure how this will affect the AOS process so any advice is most welcome.

 

Thank you

It won’t effect your AOS. You can file married separately and he doesn’t have to file anything unless he got a job and earned money in the US.  Did he?  You’ll pay more tax doing it that way. 

[Nomad82 2]

4 hours ago, Wuozopo said:

It won’t effect your AOS. You can file married separately and he doesn’t have to file anything unless he got a job and earned money in the US.  Did he?  You’ll pay more tax doing it that way. 

Thank you - none of his income earned is US based, they were all isolated to Australia. Also will be filing Australian taxes when their fiscal year ends there in June.