# wife dutch has SSN



## berniej (Mar 5, 2012)

Sorry to reask this but when I asked a few weeks ago I had some wrong info

I have to file my taxes and last year filed married filing separately and putting NRA in the spouse block. Someone here told me to do it that way which I did no problems.
My wife is Dutch but has a SSN,I was in the military and at the time she could get one. She only income comes from the Dutch as a pension which being its from the dutch which if I'm not mistaken is not taxable in the US.
Can I file jointly claiming my military income as I was told the Dutch pension that I get is not taxable because of the tax treaties. Or do I still have to file married filing separately. 
Any help would be appreciated.
no this has nothing to do with the stimulus I just want to know if I'm filing the right way.


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## Bevdeforges (Nov 16, 2007)

You can file either way - married, filing separately or jointly. But, if you file jointly, you are supposed to include your wife's worldwide income along with your own as if she were US resident the entire year.

The US tax regulations are full of "choices" you can make. Officially, if you read through the tax treaty, it is left kind of ambiguous, but it appears that you are "supposed to" report these "not taxable" pensions and then apply the Foreign Tax Credit against the taxes generated by the foreign pension. Another choice, but one that carries with it certain risks - mainly for double taxation and the "need" to disclose a whole bunch more information to the IRS than you may wish to do. Most people just don't declare the foreign pension at all if the tax treaty says it is taxable only by your country of residence.

Net-net - it's your choice how you file. And how you do or don't report the Dutch pension.


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## berniej (Mar 5, 2012)

do I just add her income to mine or is there a form that I would need as she only has bank statements

TIA

Bernie McKenna


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## Bevdeforges (Nov 16, 2007)

berniej said:


> do I just add her income to mine or is there a form that I would need as she only has bank statements
> 
> TIA
> 
> Bernie McKenna


As with most foreign source income, they basically have to take your word for it (or for whatever you choose to report). If you both have the same kinds of income (US SS, foreign/other pension) then you just combine the amounts. If there is earned income involved where you are taking the FEIE, each of you needs to fill out a form 2555.


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## berniej (Mar 5, 2012)

thanks for all the info.I'll get this done the right way I guess.
Thanks again.

Bernie McKenna


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