Today we’re going to cover the popular US tax topic: Married Filing Jointly or Separately as an American Abroad.
A popular reason why U.S. citizens are living abroad is “because of love.” An example can be meeting someone from another corner in the U.S., then deciding to move and live with them in their home country. Other times it’s meeting someone online, visiting them abroad, and eventually marrying them. While falling in love may happen by chance, staying in love and living together is a fruitful choice.
But when tax season hits, and you’re a U.S. expat married to a Non-U.S. Citizen Spouse – what do you need to do?
Married Filing Separately as an American Abroad in 2022
Filing together with your spouse does normally come with better tax benefits. However, it can cause extra reporting stress for Americans with non-U.S. partners. Let’s take a look to see if makes sense to file Married Filing Separately instead…
If the following is true in your situation:
- You make less than $100K USD earned income (salaried or self-employed). Plus, you can exclude all of it via the Foreign Earned Income Exclusion benefit.
- You have less than $12,550 investment or U.S. sourced income that cannot be excluded through the Foreign Earned Income Exclusion.
- $12,550 is the total standard deduction allowed for Married Filing Separately in 2021
- U.S. sourced income is detailed more in-depth here!
If it is all true for you, the next step is to just file as Married Filing Separately as an American abroad or Head of Household (if you have qualifying dependents and keep up more than half of the costs of your home). Additionally – due to the expat benefit of the Foreign Earned Income Exclusion, and the deductions/exemptions, you will most likely owe no taxes and therefore don’t require the extra benefits of Married Filing Jointly.
Just keep in mind, that since you and your non-U.S. partner are married – you are not allowed to file as Single! If you decide not to sign them up with the IRS, then your filing status has to be either Married Filing Separately or Head of Household.
The MyExpatTaxes software is designed specifically for US expats and can determine the correct filing status and benefits to help your spouse file his taxes in as little as 30 minutes (and stress-free!) for an affordable fixed rate.