Fill US tax form: married to a Thai

[Jimbone]

Hi,

This year I have to file federal income taxes to the IRS. I am married to a Thai women who does not work. Do I have to tell the IRS that I am married? We have a Thai marriage certificate, but not a US marriage certificate. Can I file as a single?

 

Thanks for the help. 

[lopburi3]

She would only be subject to US Tax Laws if she formally requested to be (but you are married by US law with a Thai marriage certificate) which for non working wife in Thailand is often done so that you can file joint return and take advantage of the deductions.  If she decides to do that a formal statement to treat her worldwide income as subject to US Tax until further notice needs to be included in tax return as was as request for ITIN (taxpayer number).

[55Jay]

Yes, you must provide and utilize your true and correct marital status.  Failure to provide correct information and/or withhold of relevant information, is a punishable offense; in particular if it results in loss of revenue for the government.   Keep in mind that legal blurb at the end when you sign (digitally of otherwise) your return. 

https://www.irs.gov/pub/irs-utl/tax_crimes_handbook.pdf

 

Ok, so I don't condone lying or withholding accurate information, but if you're a regular joe little fish, very small risk of them deciding to investigate whether your selected filing status is accurate or not.   Even if they did, chances are you'll have paid the pirates MORE tax than you otherwise should have as married-joint, so they aren't coming after you on GP.... unless you've got lots of problems and skeletons in your closet.

 

In my case, and many others I'm sure, it was in my favor to get the Thai wife an ITIN, and file married-joint.... but that's not what you asked.  Good Ruck.

[Jimbone]

Thanks for the information. Based on your wisdom, and, even tho' I am small potatoes to the IRS, I'll do a joint file. 

Sorry for the late reply of appreciation...was in Surin visiting the in-laws.

[Monomial]

Just consider there is no reason to file jointly if you don't want to.

 

You can always do 'married filing separately' and leave your wife completely out of it. If you have qualifying children, you can also file 'head of household'.  Unless you are making upwards of $100K there is almost no difference between single and 'married filing separately'.

 

Especially if your Thai wife has income or significant assets you want to look into keeping her out of the US system.

 

[Langsuan Man]

To all you experts

 

Can you file "married" without a ITIN, (individual tax identification number)  ?  

[lopburi3]

You can apply for the ITIN at the same time - that is the primary reason for issue of ITIN these days.