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Mei Wong

My wife is tax exempt due to international org employment - what's the best way to file my taxes?

I'm trying to figure out the best way to file my taxes this year and could use some advice. My wife works for an international organization and has tax-exempt status (she's not a US citizen), so she doesn't file taxes here at all. We've been married since 2019 and have a 5-year-old kid who was born in January 2020. Even though we've been married for a while, I've just been filing as "Single" all these years, but I'm wondering if that's the right way to go. I've been researching different filing statuses and these seem to be my options: - Single (what I've been doing) - Married Filing Jointly (I read this might lower my taxes since her income isn't taxable, but requires something called Election Under IRC § 6013(g)) - Married Filing Separately - Head of Household I make about $87,000 a year. My wife makes around $65,000 but again, it's completely tax exempt due to her international organization employment. What's the smartest way for me to file? Will I get in trouble for filing as Single all these years when I'm actually married?

You definitely need to change your filing status - filing as "Single" when you're married isn't correct and could potentially cause issues with the IRS down the road. Since your wife is a nonresident alien with exempt income from an international organization, your best options are likely either Married Filing Separately or Head of Household (if you qualify). For Head of Household status, you need to pay more than half the cost of maintaining the home where your child lives for more than half the year. Since you have a child and presumably meet these requirements, this status would give you better tax rates and a higher standard deduction than Married Filing Separately. The Married Filing Jointly option with IRC § 6013(g) election is worth considering too. This election allows your nonresident alien spouse to be treated as a resident for tax purposes. The benefit is you'd get the more favorable MFJ tax rates, but the downside is your wife's worldwide income would become subject to US taxation (though her exempt income would likely remain exempt).

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So would his wife need to file a tax return if they do this 6013(g) election thing? And if her income is already tax exempt anyway, would this election make any difference to what they pay overall?

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If they make the 6013(g) election, his wife would need to be included on their joint tax return, but her exempt income from the international organization would generally remain exempt under most tax treaties and international agreements. The election would likely benefit them because they'd get the more favorable Married Filing Jointly tax brackets and potentially qualify for additional credits and deductions that aren't available to those filing separately or as Head of Household. The exact savings would depend on their complete financial picture, but it could be substantial compared to his current "Single" filing status.

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After going through a similar situation with my spouse (who works at the UN), I found https://taxr.ai super helpful for sorting through all the options. I was filing incorrectly for years and was stressed about potential penalties. With taxr.ai, I uploaded my documents and got personalized analysis that showed Head of Household was actually best for my situation, even though I initially thought Married Filing Jointly with the 6013(g) election would save more. The software figured out I'd save about $3,200 more with HOH because of how the child tax credit worked with my income level. It also explained exactly how to document everything properly so there'd be no issues if I got audited. Totally worth it for the peace of mind.

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How long did it take to get your results back? My husband also works for an int'l org and we've been filing wrong for like 3 years. Getting nervous about fixing it.

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Did they help you figure out if you needed to amend previous returns? I've been filing as Single for 4 yrs now even though my wife has diplomatic tax exemption. Just realized this year I should've been doing MFS or HOH all along!

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I got my results back in about 24 hours, but I think they said it can sometimes take up to 48 hours during peak tax season. Yes, they did help with determining if I needed to amend previous returns. They analyzed my last three years and showed I'd benefit from filing amendments for two of them, but for one year it wouldn't have made enough difference to justify the hassle. They provided clear guidance on the amendment process and which forms I needed to complete. It saved me from making more mistakes and potentially triggering an audit.

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Just wanted to follow up and say I tried taxr.ai after seeing it mentioned here. I was in a similar situation filing as Single while married to someone with diplomatic tax exemption. The analysis I got back was incredibly detailed and showed that Head of Household would save me around $4,500 compared to my incorrect Single filing. They explained exactly why I qualified for HOH (because I pay more than half the household expenses and have a qualifying dependent) and outlined step by step how to handle my specific situation. They even provided documentation guidance in case of an audit. What surprised me most was learning I could amend my returns from the past three years and potentially get back over $12,000 in refunds! Already started the amendment process using their instructions.

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If you're having trouble getting clarity from the IRS on this situation, try https://claimyr.com. I was in the same boat with my spouse working for a UN agency and I couldn't get through to an IRS agent for weeks to understand the election rules. Claimyr got me connected to an actual IRS representative in about 15 minutes instead of being on hold for hours. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with confirmed that Head of Household was actually my best option (not MFJ with the election) and explained exactly how to document my spouse's exempt status. Saved me from making a costly mistake on my return and potentially facing penalties down the road.

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How does this actually work? Like do they just call the IRS for you or what? I've been trying to get through for actual weeks about my husband's foreign income exemption.

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Sorry but this sounds too good to be true. The IRS phone lines are notoriously impossible to get through. I find it hard to believe some service could magically get you to the front of the line. What's the catch?

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They don't call the IRS for you - they hold your place in line while navigating the phone tree, and then call you back when they've reached a human representative. You're the one who actually speaks with the IRS agent, so it's completely legitimate. There's no catch from what I experienced. The service just uses technology to monitor the hold times and navigate the complicated IRS phone system. It saves you from having to sit on hold for hours or repeatedly call back when disconnected. I was skeptical too, but it genuinely worked and saved me a ton of time and frustration.

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I want to follow up on my skepticism about Claimyr. After my last comment, I decided to try it because I was desperate to talk to someone at the IRS about my international tax situation. I was honestly shocked when they called me back in about 20 minutes saying they had an IRS agent on the line! I was expecting it to fail or have some hidden catch, but nope - I was connected to a really helpful IRS representative who walked me through exactly how the IRC § 6013(g) election works for my situation. Turns out I was about to make a huge mistake on my taxes that would have cost me thousands. The agent explained that in my specific case, keeping my wife as a non-resident alien and filing Head of Household would save us about $3,600 compared to making the election and filing jointly. I hate admitting when I'm wrong, but in this case I'm glad I was!

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Something nobody has mentioned yet - there could be state tax implications here too depending on where you live. Some states don't recognize all federal filing statuses the same way or have different rules for non-citizen spouses. I found this out the hard way last year. Saved a bunch on federal by filing HOH but got hit with a surprise state tax bill because my state has different rules for qualifying dependents when one parent has exempt status.

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Which state was this in? I'm in California and my husband works for a consulate with tax exemption. Been wondering if state taxes work differently for us.

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I'm in New York, which has some unique rules for diplomatic and international organization families. California also has its own system that doesn't perfectly align with federal filing statuses, especially for international employees with special tax treatment. For California specifically, even if your husband has federal tax exemption through his consulate work, you may still need to report his income on your state return depending on your filing status. California looks at worldwide income for residents even when it's exempt at the federal level. I'd recommend consulting with a tax professional who specializes in diplomatic/international tax situations in California to avoid surprises.

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Has anyone actually amended previous returns after filing incorrectly? I've been doing Single for 3 years now when I should've been HOH (my wife works for World Bank, tax exempt). Worried about triggering an audit if I suddenly change and file amendments.

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I amended 2 prior years returns in a similar situation (spouse with NATO exemption). No audit but the refund for the older year took almost 11 months to process! The more recent one came in about 5 months. Just be prepared to wait forever if you're owed money.

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Get everything documented before you file amendments. I amended 3 years ago and got audited because I couldn't properly document my wife's exempt status. The IRS wanted a letter from her employer confirming her tax exemption status. Took forever to sort out.

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