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July 7, 2016Gibson & Perkins, PC Blog, Tax Controversy

Delaware County Tax Attorney Elaborates on Filing Taxes

Delaware County Tax Attorney Elaborates on Filing TaxesThis legal question was provided by Avvo.com.  You can view the original question here.

Question:

I am a U.S. citizen married in Thailand to a Polish citizen.  Our marriage was never registered in the U.S.  Can I file taxes as a single unit the marriage is registered in the USA?

Answer:

As an experienced Delaware County Tax Attorney, I often handle these types of matters. Generally the IRS defers to state or foreign law to determine whether you have a valid marriage for tax purposes. Most of the time, foreign marriages will be recognized as being valid in the US, which means that you would not be allowed to file as “Single.”

With this in mind, you do have a couple of options. One is to file as “Married Filing Separately” which is essentially the default filing status for a US citizen who is married to a nonresident. Alternatively, you can file as “Married Filing Jointly” if both you and your spouse make an election to treat the spouse as a US resident for tax purposes. Another option is to file as “Married Filing Separately” but claim your spouse an additional exemption. The problem with this final method is that your spouse will have to apply for an ITIN if they do not already have an SSN.

Do you have an unregistered marriage in the U.S., but still want to file for U.S. taxes?  If so, contact the experienced Delaware County Tax Attorney Steven Chisholm.

This legal question was answered by Steven Chisholm, an experienced Delaware County Tax Attorney.  This does not consent an attorney client relationship.

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Gibson & Perkins, PC

At the law firm of Gibson & Perkins, PC our experienced Media, PA Lawyers, practicing throughout Pennsylvania and New Jersey provide corporate, business transaction, tax, estate and litigation legal services to business organizations and individuals. Our firm has expanded from its founding in 2001, into a vibrant and growing law firm with experienced Lawyers that are dedicated to serving an ever expanding and sophisticated client base. Contact our dedicated Media, PA Lawyers today for skilled representation.

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