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My husband and I have filed our returns as married filing jointly for last 2 years. We are both Resident aliens. I have a permanant job now in US, while my husband will be going back to our home country to study next year. He will have no earnings there as a student. All our investments and accounts are in US in our joint names. Will we be able to still file as married filing jointly for year 2001. Please bear in mind that I will be a Resident Alien while he will be a Non-Resident Alien. He, ofcourse will have no income outside US to show.

Thanks in advance.

rsyfool

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My husband and I have filed our returns as married filing jointly for last 2 years. We are both Resident aliens. I have a permanant job now in US, while my husband will be going back to our home country to study next year. He will have no earnings there as a student. All our investments and accounts are in US in our joint names. Will we be able to still file as married filing jointly for year 2001.

Try IRS Publication 519.

TMF ExRO
Phil Marti
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Will you rhusband lose his US residency while studying in your home country?
What if your husband were to set up a foreign trust; you then transfer your assets to that foreign trust which is in turn investing in the US market.

Now if your husband assumes the management of those US investments and you file here in the USA as married filing separately then is it not legitimate for you husband (on a stidents income!) to declare in his home country all the investment income (sans capital gains tax of course) while your us taxes are paid on your US earned income plus any investments you choose to keep state-side.


I think the key here is whether your husband is seen by the IRS as a US Taxpayer or not. If he gives up his residency AND leaves the USA then I don't know for sure that is sufficient for him to cease being seen as a US taxpayer. The beneficiary of the the foreign trust had better not include you though because I think thta would mean that it becomes part of your world wide income.

mmm this is a foggy area. Does any one have a bright light?


jumpin jupiter
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