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Old 02-25-2011, 09:12 PM
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New Resident Alien and foreign earned income

I'm US citizen and married to a foreigner in 2009. My husband got his US immigration visa in Apr 2010. He became a Resident Alien in Sept 2010 while we moved back to the US. We lived together the entire time.
1. Does he need to report the income that he earned before he became a Resident Alien?
2. Can we file married jointly? Or should we each file married separately for 2010 -- if so can we file married jointly next year?
3. Can we use the regular 1040? And/or any special forms to use for this situation?
Thank you in advance for your help!


Last edited by catchow : 02-26-2011 at 04:20 PM.


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Old 02-26-2011, 07:06 PM
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“1. Does he need to report the income that he earned before he became a Resident Alien?”---->No; now as a US resident alien, your spouse is liable for taxes( federal and state or local taxes(if applicable) on both his Worldwide income and US source income. As a resident alien under the UN INS rules, I guess, your spouse's income is generally subject to tax in the same manner as a U.S. citizen.As a resident alien,he must report all interest, dividends, wages, or other compensation for services, income from rental property or royalties, and other types of income on your U.S. tax return. He must report these amounts whether from sources within or outside the United States.
“2. Can we file married jointly? Or should we each file married separately for 2010 -- if so can we file married jointly next year?”---->Yes. Basically, it is up to you.; as married taxpayers, you can choose between filing a MFJ or a , MFS ,separate tax return.
“3. Can we use the regular 1040?”---->It depends; any full-time resident individual U.S. income taxpayer can use the standard Form 1040 often referred to as the long form to distinguish it from the other 1040 variants, 1040A/ 1040 EZ, I mean. Those with uncomplicated tax situations (for example, no itemized deductions, no capital gain or loss, etc.) may be able to use the simplified Form 1040A,the short form or the even simpler Form 1040EZ,the "easy form, instead of Form 1040. if you do not itemize your deductions, then you can file either 1040 A or 1040EZ;
“And/or any special forms to use for this situation?”---> I do not think so; you can regularly file either 1040 or 1040A/1040A-ez, depending on your personal taxation situation.
Please visit the IRS website here; http://www.irs.gov/pub/irs-pdf/f1040.pdf
http://www.irs.gov/pub/irs-pdf/f1040a.pdf
http://www.irs.gov/pub/irs-pdf/i1040ez.pdf
http://www.irs.gov/pub/irs-pdf/i1040ez.pdf



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