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Level 1
April 9, 2020

US citizen married and living and working in Australia/Foreign Tax Credit and US tax return

  • April 9, 2020
  • 2 replies
  • 11 views

My grand daughter is living and working in Australia and married to an Austrailian.

The tax year in Australia runs from June 2018 to June 2019. How do you do the Foreign Tax Credit and how do you report her US income on the US tax return when the equivalent to our W-2 in Australia reflects the amounts from June 2018 - June 2019?

Also would she file married filing separate in the US? Her husband doesn't have a Social Security number. Does he have to get a special ID#?

Thank you,

Pam

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    2 replies

    sjrcpa
    Level 15
    April 9, 2020

    She should file MFS in the US, probably, unless she wants to subject his worldwide income to US tax.

    She may want to use foreign earned income inclusion.

    @itonewbiemay come along and answer the rest. I have had this situation before but don't remember the answers and don't have time to look it up.

    The more I know the more I don’t know.
    itonewbie
    Level 15
    April 9, 2020

    I would highly recommend your grand-daughter hire a competent tax professional who specializes in expat tax and understands Australian tax (as we do).

    Australia has a fiscal year and its tax regimes for employment income, benefits-in-kind, and investment income are not commonly understood by US tax accountants who deal mainly with domestic US tax issues.

    In addition, US tax treatment as well as reporting of Superannuation fund is something even expat tax specialists do not always agree on.  To throw a spanner in the works, income tax treaty between the US and Australia will come into play.

    While MFS may seem like an easy answer for US taxpayers with spouses who are nonresident aliens, it is not the panacea because there are still complicated gift and estate tax considerations.  Furthermore, depending on each individual's finances and circumstances, it may sometimes be beneficial to elect joint filing.

    ---------------------------------------------------------------------------------Still an AllStar
    sjrcpa
    Level 15
    April 9, 2020

    Thanks Jensen.

    The more I know the more I don’t know.
    itonewbie
    Level 15
    April 9, 2020

    Anytime, Susan! 😄

    ---------------------------------------------------------------------------------Still an AllStar