# Severe Oversight?



## americanwoman (Jul 10, 2009)

Hi guys,

I've been looking on the past threads for an answer to my question, but could not find any. Apologizes if this question has already been answered.

Well, my partner and I are getting married in August. He is an Australia citizen and I am an American citizen. I've never worked here in Australia, I'm here on a 573 Higher Education Visa and I won't work until my degree is finished (5+years). I'm wondering if we will have to start paying taxes to the IRS from my partner's income--even though we're just married. Maybe someone could advise the best route to take when filing taxes e.g. 'married, filing separately' vs. 'married, filing jointly'.

If any clarification is needed, please let me know.

Thanks a bunch,

AM


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## Bevdeforges (Nov 16, 2007)

You, as a US citizen will always have to file US taxes. (One of the joys of citizenship!)

When you get married, if your husband has no US tax obligation (as is probably the case) then you would file as "married, filing separately" - assuming of course that your income exceeds the threshold limits. (These are normally indicated on one of the first few pages of the 1040 instructions each year.) The one catch is that, if you're filing separately, the threshold can be ridiculously low - sometimes as low as $400, depending on your precise circumstances.

You do not have to report his income on your return. And unless he is required to have a US SS number or ITIN for some reason (like, income from the US), there is no need to get him a number. On the part that asks for your spouse's SS number, you can just fill in "NRA" (for "non-resident alien"). This may preclude you from using certain tax filing software - especially the freebie online kind.

You have the option to file a joint return - however that is normally only the case in a year where you and your husband have been resident part of the year in the US. (Like, either the year you arrive, or the year you depart.) Filing separately is a pain (because you are ineligible for a number of tax advantages - but as a student they probably don't affect you anyhow) but once you get the hang of it, it all goes pretty quickly. 
Cheers,
Bev


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## americanwoman (Jul 10, 2009)

Bevdeforges said:


> You, as a US citizen will always have to file US taxes. (One of the joys of citizenship!)
> 
> When you get married, if your husband has no US tax obligation (as is probably the case) then you would file as "married, filing separately" - assuming of course that your income exceeds the threshold limits. (These are normally indicated on one of the first few pages of the 1040 instructions each year.) The one catch is that, if you're filing separately, the threshold can be ridiculously low - sometimes as low as $400, depending on your precise circumstances.
> 
> ...


Thanks Bev for the quick reply.

My issue is that I'm not working at all...therefore, I have no income. My partner
is supporting the family. It looks like we'll need tax advice--where's H&R Block when you need them? Or that aging accountant my parents use?


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## Fatbrit (May 8, 2008)

americanwoman said:


> Thanks Bev for the quick reply.
> 
> My issue is that I'm not working at all...therefore, I have no income. My partner
> is supporting the family. It looks like we'll need tax advice--where's H&R Block when you need them? Or that aging accountant my parents use?


It's fine. File the 1040 as a married woman filing separately with an income from work of zilch.


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## americanwoman (Jul 10, 2009)

Thanks everybody! You've been great!


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## Bevdeforges (Nov 16, 2007)

americanwoman said:


> Thanks Bev for the quick reply.
> 
> My issue is that I'm not working at all...therefore, I have no income. My partner
> is supporting the family. It looks like we'll need tax advice--where's H&R Block when you need them? Or that aging accountant my parents use?


Actually, if you have 0 income (no interest from savings accounts back in the US or anything like that), you don't have to file just because you got married. The one question is: how are you paying for your studies? If you have a scholarship of some sort, that counts as income. If DH is paying for your school from his income, then you're his dependent and it's Australian taxes you need to worry about.

If you have any doubts, then file a return like fatbrit suggested - married, filing separately, but showing that you have 0 income. But unless DH has some financial ties to the US, he has no need of filing a return (with you or on his own).
Cheers,
Bev


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