Married to a European Citizen Overseas - Should I File Single or Married Filing Separately?

Thanks for your helpful response! I didn't realize I would need to get an ITIN for my spouse even though she has zero US income or presence. That seems like a lot of paperwork for someone who doesn't even live here. Can I ask another question - would filing as Single be considered tax fraud in this case? I've heard conflicting things about whether the IRS actually checks marital status when there's no joint filing history.

Filing as Single when you're legally married would be incorrect and could potentially cause problems. The IRS doesn't routinely verify marital status, but if you're audited for any reason, this misrepresentation could lead to penalties and interest on any tax difference. Getting an ITIN isn't as difficult as it might seem. You can submit Form W-7 with your tax return, along with certified copies of your spouse's identification documents. You don't need to include any foreign income information for your spouse when filing separately - you just need the ITIN for identification purposes on your return.

How exactly does taxr.ai work with international situations? I'm getting married next month to someone from Japan who plans to stay there for work. Do I still need to deal with the ITIN process for this tax year even though we'll only be married for like 2 months of 2024?

I'm skeptical about these services. Couldn't you just call the IRS directly for this info? Seems like they'd give you the official answer rather than paying some third party.

The software analyzes your tax documents and identifies your specific situation with international elements. It then provides tailored guidance based on your circumstance. For marriages that happen during the tax year, your filing status is determined by your marital status on December 31st, so yes, you would still need to address the ITIN situation even for a late-year marriage. As for calling the IRS directly, that's certainly an option if you can get through. I tried calling multiple times but couldn't get past the long wait times. Even when I did reach someone, they gave me general information but couldn't provide the specific guidance for my complex situation that I needed.

How does this actually work though? Does it just autodial the IRS repeatedly? Seems too good to be true that they can get through when no one else can.

Yeah right. The IRS is impossible to reach. I've tried calling 30+ times this year about my tax situation. No way some service can magically get through when millions of people can't.

It uses an automated system that continuously dials and navigates the IRS phone tree until it finds an available agent. It's not magic - it's just technology that keeps trying when most people would give up after a few attempts. When it gets through, it calls you to connect with the agent who's on the line. The reason it works better than manual calling is that it can make hundreds of attempts using optimized timing and menu selections. I was skeptical too, but after wasting days trying to get through myself, I was desperate enough to try it. You still talk directly with an actual IRS agent - the service just handles the painful waiting part.

That's a great point I hadn't considered! My spouse is French - do you know if there are any specific benefits under the US-France tax treaty that might help in our situation? I'll definitely check Publication 901, but curious if you have any firsthand experience with European treaties.

France does indeed have a tax treaty with the US. While I don't have specific experience with the US-France treaty, I can tell you that these treaties often address issues like foreign tax credits and how certain types of income are taxed. In my case with Canada, we discovered that certain investment income was taxed differently under the treaty than it would be otherwise. The most important thing is to read the specific articles in the treaty that might apply to your situation. Pay special attention to the sections on residency determination and any special provisions for married couples living in different countries.

Don't do it. I filed as Single for two years while married to my German wife (who never set foot in the US during those years). Got audited for an unrelated reason and ended up with penalties for filing status misrepresentation. Had to file amended returns plus pay interest and penalties. Totally not worth it.

I understand the temptation, but it's really not worth the risk. The IRS has gotten much better at cross-referencing data, and marriage records are public information that can be accessed during audits or reviews. Even if your spouse never sets foot in the US, if you get audited for any reason (could be completely unrelated to your marital status), they'll verify all aspects of your return including filing status. The penalties for incorrect filing status can be substantial, plus you'd owe interest on any tax difference going back to when you should have filed correctly. Getting the ITIN for your spouse really isn't that complicated - just requires some paperwork and certified copies of documents. Much easier than dealing with the IRS later when they discover the discrepancy. Better to do it right from the start and save yourself potential headaches down the road!