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Old 05-10-2016, 08:10 PM
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Join Date: May 2016
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Filing Status and using form 2555

I have been filing married jointly. In 2015 I worked overseas, and was present for at least 330 days in a foreign country. However; my spouse worked in the States for 4 months. Should I consider filing, Married-Separate, or Single and use the form 2555?

Details:

- I was salaried without deductions (foreign income).
- My spouse has W-2's, and a 1099
- Each of us made under $12,000.
- No dependents.
- We haven't filed our 2014 returns (and we will owe taxes).


Thank you.


Last edited by JR2016 : 05-10-2016 at 08:13 PM. Reason: Clarification


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Old 05-11-2016, 03:07 AM
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Posts: 5,258
I have been filing married jointly. In 2015 I worked overseas, and was present for at least 330 days in a foreign country. However; my spouse worked in the States for 4 months. Should I consider filing, Married-Separate, or Single=======>not as single UNLESS you get divorced.As you are still a US citizen/ resident, even if you were an US ex-pat, you need to file as MFJ or MFS.if you are married to a foreigner, then you can also choose either married filing jointly , head of household (HOH), or married filing separately .

and use the form 2555? =========>as you can see,

aslongas you qualify, then, you can use Form 2555 to figure your foreign earned income exclusion or your housing exclusion or deduction. However, you cannot exclude or deduct more than your foreign earned income for the year. you may qualify to exclude from income up to an amount of your foreign earnings that is adjusted annually for inflation ($100,800 for 2015). In addition, you can exclude or deduct certain foreign housing amounts. To claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, you must have foreign earned income, I mena wages or self employment income, your tax home must be in a foreign country, and you must be; a U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year OR a U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or a U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.
? ALSO, you must pay US taxes on income you earned abroad in the same way you pay taxes on income you earned in the US In other words, Social Security and Medicare taxes may apply to wages you earned for services in a foreign country ASLONGAS You were working in one of the countries with which the U.S. has entered into a bilateral Social Security agreement; You are working for a U.S. employer;You are working for a foreign affiliate of a U.S. employer under a voluntary agreement that was entered between the U.S. employer and the U.S. Treasury Department. UNLESS you meet any of the exceptions above, Medicare and Social Security taxes will not be withheld from your foreign wages.


Details:

- I was salaried without deductions (foreign income).
- My spouse has W-2's, and a 1099
- Each of us made under $12,000.
- No dependents.
- We haven't filed our 2014 returns (and we will owe taxes).=====>>As said previously, since you a re a US citizen/resident even if you are working overseas, you still need to file your US return as MFJ or MFS, NOT as single or HOH, with the IRS;however, you may need to file your state return as nonresident of the state.
Note;

you may follow instructions here for more info on your FEEE credit; https://www.irs.gov/Individuals/Inte...n-or-Deduction



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  #3 (permalink)  
Old 05-11-2016, 03:41 AM
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Join Date: May 2016
Posts: 2
Quote:
Originally Posted by Wnhough View Post
I have been filing married jointly. In 2015 I worked overseas, and was present for at least 330 days in a foreign country. However; my spouse worked in the States for 4 months. Should I consider filing, Married-Separate, or Single=======>not as single UNLESS you get divorced.As you are still a US citizen/ resident, even if you were an US ex-pat, you need to file as MFJ or MFS.if you are married to a foreigner, then you can also choose either married filing jointly , head of household (HOH), or married filing separately .

and use the form 2555? =========>as you can see,

aslongas you qualify, then, you can use Form 2555 to figure your foreign earned income exclusion or your housing exclusion or deduction. However, you cannot exclude or deduct more than your foreign earned income for the year. you may qualify to exclude from income up to an amount of your foreign earnings that is adjusted annually for inflation ($100,800 for 2015). In addition, you can exclude or deduct certain foreign housing amounts. To claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, you must have foreign earned income, I mena wages or self employment income, your tax home must be in a foreign country, and you must be; a U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year OR a U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or a U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.
? ALSO, you must pay US taxes on income you earned abroad in the same way you pay taxes on income you earned in the US In other words, Social Security and Medicare taxes may apply to wages you earned for services in a foreign country ASLONGAS You were working in one of the countries with which the U.S. has entered into a bilateral Social Security agreement; You are working for a U.S. employer;You are working for a foreign affiliate of a U.S. employer under a voluntary agreement that was entered between the U.S. employer and the U.S. Treasury Department. UNLESS you meet any of the exceptions above, Medicare and Social Security taxes will not be withheld from your foreign wages.


Details:

- I was salaried without deductions (foreign income).
- My spouse has W-2's, and a 1099
- Each of us made under $12,000.
- No dependents.
- We haven't filed our 2014 returns (and we will owe taxes).=====>>As said previously, since you a re a US citizen/resident even if you are working overseas, you still need to file your US return as MFJ or MFS, NOT as single or HOH, with the IRS;however, you may need to file your state return as nonresident of the state.
Note;

you may follow instructions here for more info on your FEEE credit; https://www.irs.gov/Individuals/Inte...n-or-Deduction

Do I qualify to use the 2555 long form if I had any self-employment income from the US? Listed on the 1040, of course..



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  #4 (permalink)  
Old 05-11-2016, 08:33 AM
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Join Date: Oct 2010
Posts: 5,258
Quote:
Originally Posted by JR2016 View Post
Do I qualify to use the 2555 long form if I had any self-employment income from the US? Listed on the 1040, of course..
as said it deepdns and yes aslongas you have foreign eanredincome and qaualify for the requiriemnts; you may use f2555 if You meet the tax home test and a are either the bona fide residence
test or the physical presence test.
, if you
did not have any self-employment income
for the year, you may use Form 2555-EZ,



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