# 2013 US taxes for US/UK married, both worked in US & UK



## nkb535 (Apr 27, 2012)

Hi, everyone. My W2 just turned up at my Mom's house, which reminded me that I have to figure out how to do my taxes this year!

My situation is probably not complicated for many expats, but I'm new to this so I'm totally confused. Here is my situation for 2013:

My husband (UK citizen) and I (US citizen) got married in Colorado in April 2013. We were both working in Colorado at the time. He moved to the UK in April 2013, and I moved to the UK in late June 2013, and I hold a spouse visa. We both worked in the UK for part of 2013.

We do not have bank accounts in the US, we do not own any properties in the US, and both were considered residents in Colorado when we moved. He has a green card so is still technically a resident alien, although he will have been out of the US for >1 year by the time we file (he left in April 2013).

Basically, I don't know what to do for our 2013 taxes. Here are a few questions: 

Do we file separately, or jointly?
Do we qualify for Foreign Earned Income Exclusion (our incomes are both <$97,600)?
What tax forms should we file?
Will we need to file state taxes?

I'm sure there are more things to consider regarding these taxes, but these are the questions that I came up with so far.

Any help will be greatly appreciated!

Thanks.


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## Bevdeforges (Nov 16, 2007)

First of all, you should download or simply read IRS publication 54 - for overseas taxpayers.

Your husband needs to resolve his Green Card status. Basically, if he is not planning to return to the US, he will have to give it up. But as far as filing jointly, you certainly can elect to do that. (Pub 54 has more information on this.) You'll file a 1040 and most likely the 2555 (for the FEIE) and/or a 1116 (if you take the Foreign Tax Credit for taxes paid to the UK).

The FEIE applies only to salary income you each earned since taking up residence in the UK. Any income earned in Colorado is subject to US taxation with no FEIE.

Not sure what your status will be for state taxes. Usually, the year you move out of a state, you file a NR (non-resident) form, but declaring income up to the time you moved out of the state. It depends a bit on how the state forms work. 

You may have to delay filing your federal forms until after you have completed a full year (12 consecutive months) outside the US. Normally, you have an automatic extension for filing Federal returns until June 15th, but it sounds like that won't be quite enough. Again, Publication 54 is your guide here. 
Cheers,
Bev


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## BBCWatcher (Dec 28, 2012)

I'd file for the filing deadline extension to October 15 using Form 4868, and that'll get you well past the 12 month mark. Keep in mind that any tax balance owed is due June 15, so I'd take a spin through you tax calculation as if it were July or August as soon as you can.

Note that the U.K. is a comparatively high tax jurisdiction, so you may be better off not taking the Foreign Earned Income Exclusion (FEIE) and only taking the Foreign Tax Credit. I'd run the calculation both ways.

You and your husband have until April 15 to make IRA contributions in the U.S. for tax year 2013. I would recommend doing that (most probably as Roths), maxing out those contributions assuming you qualify. Tax year 2013 is nice because you both have Colorado earned income which won't qualify for the FEIE even if you do take it, so the FEIE won't prevent you from making IRA contributions for 2013.


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