Will be legally married late 2020. Can i file taxes jointly?

[Ayrton 965]

On 6/27/2020 at 11:54 PM, 42Aloha42 said:

We were married a decade ago

...

Previous returns I filed Single as I was living in Thailand and just filing taxes for filing sake. 

 

This shouldn't have happened. It doesn't matter where you live, what your income is. If you are married, you can't file as single.

 

You must amend you last 3 returns, since that's all you can do right now.

 

But be aware that IRS can come after you. And immigration case ask you why you filed as single since you were married.

[baze92 33]

On 5/26/2020 at 3:20 PM, Wuozopo said:

Foreign income is reported is the correct terminology. To file a joint return, worldwide income must be reported as income...that’s yours and hers no matter where earn. Reported doesn’t necessarily mean it’s taxed.  
 

So get your head around filing jointly gives you that extra standard deduction of $12,200 for the wife, while her taxation will be excluded using the Foreign Earned Income Exclusion. That extra deduction will in effect reduce your taxable income an extra chunk. How much lower will you taxes be by reducing your income by $24,400 over $12,200? 
 

Married man filing separately earning $50k

$50,000

-12,200 deduction

$37,800 to be taxed

Tax $4345

 

Married man filing jointly  earning $50k

Wife earned $3000 abroad

$53,000 their worldwide income

-24,400 deduction

$28,600 to be taxed

Tax $3047

 -$303  deduction of the tax the wife’s income generated using Foreign income exclusion

 Final tax $2744

 

He saved $1601 filing with the wife and reporting her foreign income.

Taxes aren’t that simple but it illustrates a joint return should be considered because it is usually a good deal.

 

 

 

Thanks for this! And sorry for replying late. This all sounds great but I think perhaps you are missing an important requirement for FEIE. You have to be out of the US for more than 330 days of the year (unless I am missing something) https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion-physical-presence-test
 

Because she has been here on the tourist visa, she will not qualify for that. 

With that being said, is there any other way for us to file jointly without her being taxed on her income earned in Thailand before she came here?

[Wuozopo 4,285]

8 hours ago, baze92 said:

This all sounds great but I think perhaps you are missing an important requirement for FEIE. You have to be out of the US for more than 330 days of the year (unless I am missing something) 

If I missed something, it’s because I can’t guess her whereabouts unless you give that information and dates. 
 

I had assumed she would pass the bonafide resident test for the FEIC. Is she not a citizen of Thailand with the right to live and work in Thailand when she earned that foreign income? The year I used the FEIC, I entered the date of my birth as the day my bonafide residence in England began.  Physical presence and bonafide resident choices were explained to you earlier in the thread by geowrian and a link to a tax tool to walk through the choices was given.  See