Tax Query

[R1CH1991 247]

Hello

 

I’m having a few tax related stresses and thought I would ask you good people for your opinion.

 

I’m currently the NRA and my USC wife is residing in WI whilst we await the good people at USCIS to adjudicate our petition.

 

I work in the UK for the Police and she works in health care in the US. We were married October 2018.

 

Do I need to file a US tax return? It appears from perusing the forum - we should perhaps file jointly? I have a SS number from a prior job ten years ago when I was on a J1 - is this still suitable?

 

It appears the UK does not issue a P60 End of tax year certificate anymore. Does anyone know how to get this information in the best format to assist with filing?

 

My wife was under the impression that she doesn’t need to file for us / specifically me as I am not present in the US but I’m not sure this is good advice.

 

I just want to make sure we file correctly and fulfill our responsibilities in accordance with the Law  Any guidance or help will be appreciatively received!

 

Thank you 

[Crazy Cat 39,222]

For 2019, you are not required to file a US tax return as simply being married to a US citizen does not require  you to file as a resident or non-resident for tax purposes.  However, your wife can choose to file either as "Married, Filing Separately", "Head of Household (in special circumstance), or you both can choose to file a single joint return (you would then be considered as a resident for tax purposes).  Filing a joint return would require you both to report your world-wide income for 2019.  Your foreign income could possibly be excluded.  A competent tax professional (like the CPA who does my taxes) can calculate your wife's and/or your taxes in multiple ways to determine the best tax strategy and lowest tax liability.

 

Your previously issued Social Security number is still valid.

 

EDIT:  If your foreign income can be excluded (Form 2555), it could resulting in a lower tax liability since the allowed standard deduction for a couple filing a joint return is generally double that of a person filing as married separately.

Edited February 17, 2020 by missileman

[Wuozopo 4,285]

1 hour ago, R1CH1991 said:

Do I need to file a US tax return? It appears from perusing the forum - we should perhaps file jointly? I have a SS number from a prior job ten years ago when I was on a J1 - is this still suitable?

No you don’t, but it could save your wife tax money to file joint. 
 

1 hour ago, R1CH1991 said:

 

It appears the UK does not issue a P60 End of tax year certificate anymore. Does anyone know how to get this information in the best format 

You don’t actually turn in paperwork from HMRC showing your income if you file a joint return. If you have no clue your 2019 calendar year earnings, you can get it online. They talked about that in the UK forum in this thread https://www.visajourney.com/forums/topic/731701-trying-to-understand-p-45-please-help/

It will be in two pieces because of the tax year not being calendar year.

 

1 hour ago, R1CH1991 said:

My wife was under the impression that she doesn’t need to file for us / specifically me as I am not present in the US but I’m not sure this is good advice

 

It perfectly fine as long as she files Married Filing separately (no longer Single) or Head of Household (Example: if she has kids that live with her and  she supports more than 50% and an ex doesn’t claim the child on his tax return.)

 

 

 

[SalishSea 16,770]

1 hour ago, R1CH1991 said:

Hello

 

I’m having a few tax related stresses and thought I would ask you good people for your opinion.

 

I’m currently the NRA and my USC wife is residing in WI whilst we await the good people at USCIS to adjudicate our petition.

 

I work in the UK for the Police and she works in health care in the US. We were married October 2018.

 

Do I need to file a US tax return? It appears from perusing the forum - we should perhaps file jointly? I have a SS number from a prior job ten years ago when I was on a J1 - is this still suitable?

 

It appears the UK does not issue a P60 End of tax year certificate anymore. Does anyone know how to get this information in the best format to assist with filing?

 

My wife was under the impression that she doesn’t need to file for us / specifically me as I am not present in the US but I’m not sure this is good advice.

 

I just want to make sure we file correctly and fulfill our responsibilities in accordance with the Law  Any guidance or help will be appreciatively received!

 

Thank you 

How did she file for 2018?  Since you were married before year's end, she should have filed MFJ or MFS.  If she filed "single," she will need to amend that.

[R1CH1991 247]

Thank you all for answering my questions and your helpful advice :-)