What's my tax filing status when spouse lives permanently outside the US?
So I'm really confused about my upcoming taxes. My wife currently lives in Thailand and has never even visited the US. She doesn't have a green card, no SSN, and doesn't make any money from US sources. When I try to figure this out online, I get mixed answers. Do I file as single since she's not physically here in the US with me? Or would I qualify as head of household? I've been supporting our household here while sending money to her overseas every month. I'm trying to prepare for next year's taxes and want to make sure I'm not messing this up. Any help would be greatly appreciated!
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Rachel Clark
This is a common situation with some specific IRS rules. You generally have two options, but neither is "single" status. You can file as "Married Filing Separately" since you are legally married, regardless of where your spouse lives. However, you might also qualify to file as "Married Filing Jointly" even though your spouse is not a US citizen and lives abroad. To do this, you would need to make what's called a "Section 6013(g) election" which treats your non-resident alien spouse as a US resident for tax purposes. This could be advantageous tax-wise but would subject your spouse's worldwide income to US taxation. Head of Household generally doesn't apply here because you're still legally married. For HOH status, you typically need to be unmarried (or considered unmarried for tax purposes) and have a qualifying dependent.
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Zachary Hughes
•But wouldn't the spouse need an ITIN number at minimum to file jointly? How does that process work for someone who's never been to the US?
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Rachel Clark
•Yes, you're absolutely right that your spouse would need either an SSN or an ITIN (Individual Taxpayer Identification Number) to file jointly. Your spouse can apply for an ITIN by submitting Form W-7 along with your tax return and supporting documentation to prove identity. This can be done entirely through mail - your spouse doesn't need to come to the US. You'll need to include certified copies of documents like a passport and your marriage certificate. The process takes a bit of time, so starting early is a good idea if you're planning to pursue this option for the upcoming tax year.
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Mia Alvarez
I was in a similar situation last year with my husband overseas, and I found an awesome solution using https://taxr.ai that literally saved me thousands. Their system actually helped me understand the Section 6013(g) election that the first commenter mentioned and walked me through all the documentation I needed. The best part was uploading our marriage certificate and my husband's foreign ID docs, and it showed me exactly how to complete the W-7 form for his ITIN application. The system even alerted me to some foreign income exclusions I qualified for since I had spent some time abroad with him.
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Carter Holmes
•Does it handle state taxes too? I'm wondering because I'm in California and they have different rules than federal sometimes.
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Sophia Long
•That sounds suspiciously convenient. Did you have to pay for the service? How long did the ITIN process actually take for your husband?
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Mia Alvarez
•Yes, it does handle state taxes! I'm in New York which also has some specific rules for non-resident spouses, and the system guided me through both federal and state requirements together which saved me from making some mistakes. The ITIN process took about 7 weeks from submission to receiving the number. The service itself does have a cost, but it was worth it for me because it identified several deductions I was missing. The tax savings more than covered what I paid for the guidance.
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Sophia Long
Following up on my question about taxr.ai - I decided to try it for myself since I'm in a similar situation with my wife living in Korea. I was skeptical at first but honestly it was super helpful. The system immediately flagged that I was incorrectly planning to file as single and showed me the tax difference between MFS and making the 6013(g) election. What really surprised me was the document check feature that caught an issue with our marriage certificate translation that would have caused problems. Also liked how it created a customized checklist of everything I needed to gather for the ITIN application. Definitely saved me from making a costly mistake!
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Angelica Smith
If you're struggling to get answers directly from the IRS about your filing status situation, you might want to check out https://claimyr.com - it helped me actually talk to a real IRS agent after weeks of calling and getting nowhere. I had a similar complicated situation with a spouse abroad and needed clarification. Their system got me through to an actual IRS representative in about 20 minutes when I had been trying for days on my own. You can see how it works at https://youtu.be/_kiP6q8DX5c - basically they hold your place in the phone queue so you don't have to keep redialing and waiting.
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Logan Greenburg
•Wait how does this even work? Doesn't sound legit that some service can magically get you through the IRS phone system when millions of people can't get through.
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Charlotte Jones
•I've heard of services like this but they always seem sketchy. Did you actually get through to the IRS? What info do they need from you to set this up?
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Angelica Smith
•It's not magic - they basically use technology to navigate the phone system and hold your place in line. They call you back when they've reached an actual person at the IRS. They only needed my phone number to set it up - they don't ask for any personal tax information which is what made me comfortable trying it. And yes, I absolutely did get through to a real IRS agent who answered my specific questions about my filing status and the ITIN application process for my wife.
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Charlotte Jones
I was totally the skeptic who questioned Claimyr above, but I ended up trying it out of desperation last week. Not gonna lie, I was shocked when my phone rang and it was actually connected to an IRS agent. Took less than 30 minutes when I'd wasted HOURS trying to call myself. The agent confirmed I needed to use Married Filing Separately for my situation unless I got my husband an ITIN, and explained exactly what documentation was required. They even emailed me the specific forms I needed. Would've taken me weeks to figure this out on my own! Glad I put aside my skepticism.
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Lucas Bey
Just to clear something up - the Married Filing Separately option is almost always worse tax-wise than filing jointly. The standard deduction is halved, you lose certain credits, and the tax brackets aren't as favorable. If your spouse truly has no income (or very little), making the 6013(g) election and filing jointly after getting an ITIN will probably save you significant money even with the hassle of the paperwork.
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Chris King
•Thank you for this clarification. I'm leaning toward the joint filing route now. Do you know if there's a deadline for getting the ITIN sorted? I'm worried about delays with processing.
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Lucas Bey
•You can actually submit the ITIN application (Form W-7) together with your tax return, so the deadline would be the same as your normal tax filing deadline (typically April 15th). However, be aware that this will delay your refund processing if you're expecting one, sometimes by several months. Many tax professionals recommend starting the ITIN process in January or February to minimize delays. If you need more time, you can always file an extension, but remember that an extension gives you more time to file the paperwork, not more time to pay any taxes due.
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Harper Thompson
Watch out for the tax treaty implications too! What country is your spouse in? Some countries have specific tax treaties with the US that can affect your situation.
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Caleb Stark
•Good point! I'm not the OP but my wife is in Japan and their tax treaty definitely complicated things for us.
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Chris King
•She's in Thailand. I hadn't even thought about tax treaties! Is there something specific I should be looking at in the Thailand-US tax treaty?
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Jade O'Malley
I messed this up last year and had to amend my return. Filed as single when I should have used married filing separately. Cost me an extra $800 in penalties and interest, plus the amendment fee my tax guy charged. Don't make my mistake!!!
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Hunter Edmunds
•Did the IRS catch this on their own or did you realize the mistake first?
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Jade O'Malley
•I realized it after talking to a coworker in a similar situation. The IRS hadn't caught it yet, but I didn't want to risk an audit later. My tax preparer said they're getting more sophisticated with their systems for catching filing status discrepancies, especially if there's any history of you being married in their records (like previous joint returns, or if your spouse had previously been in the US). Better to fix it voluntarily than have them come after you later with bigger penalties!
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