# Married filing jointly with a NRA spouse



## berniej (Mar 5, 2012)

I have to file my taxes and last year filed single, someone told me to do it that way. My wife is Dutch but has a SSN,I was in the military and at the time she could get one. She has no US income but does have a Dutch pension 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 have to file single.
If I can do it jointly would that me I could amend last years taxes from single to joint.
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.

TIA

Bernie McKenna


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## Bevdeforges (Nov 16, 2007)

Technically, if you filed as "single" you filed incorrectly. You can file jointly with your wife IF she has either a US SSN or you get an ITIN for her and declare her income in full. Or you file as "married, filing separately" which ultimately winds up being virtually the same as filing "single." 

The Dutch pensions, if not taxable in the US, are probably "supposed" to be declared and then offset with taxes paid in the Netherlands to be "not taxable" - but practically speaking most folks in cases like this just don't bother reporting the "not taxable" pensions and that doesn't seem to pose a problem. (In fact, that used to be the advice from the IRS office in Paris.)


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## berniej (Mar 5, 2012)

I'll file joint then for this year. do you think I should amend last years tax or leave it alone.

Thanks for the info.

Bernie McKenna


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## Bevdeforges (Nov 16, 2007)

berniej said:


> I'll file joint then for this year. do you think I should amend last years tax or leave it alone.
> 
> Thanks for the info.
> 
> Bernie McKenna


Honestly, I would leave it alone. Filing "single" normally winds up being pretty much the same as filing "married, filing separately" so there's no real reason to draw attention to yourself in that manner.


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## berniej (Mar 5, 2012)

okay I'll leave it alone. File Joint for 2019.

Thanks for the info.

Bernie McKenna


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