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Author: ryanshroyer Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 121144  
Subject: Spouse IRA if not U.S. citizen? Date: 10/14/2002 6:08 PM
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Hi! I'm in the military and currently stationed overseas in Japan. I married a Japanese citizen this year and had a question regarding IRAs. Can my spouse contribute the max $3000/year to a Roth (or any) IRA even if she is not a U.S. citizen? We're legally married and she has an ITIN number, but I don't know how what the rules are regarding spouse IRAs.

Thanks for any help or info you can point me to.

Ryan Shroyer

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Author: buzman Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 61717 of 121144
Subject: Re: Spouse IRA if not U.S. citizen? Date: 10/14/2002 11:49 PM
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Can my spouse contribute the max $3000/year to a Roth (or any) IRA even if she is not a U.S. citizen?

I would say yes as long as a joint return was filed.

I can't find anything in Pub 590 prohibiting a non citizen from contributing to an ira assuming your combined compensation met the general limits.

www.irs.gov Publication 590

buzman





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Author: pmarti Big funky green star, 20000 posts Home Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 61720 of 121144
Subject: Re: Spouse IRA if not U.S. citizen? Date: 10/15/2002 4:13 AM
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Hi! I'm in the military and currently stationed overseas in Japan. I married a Japanese citizen this year and had a question regarding IRAs. Can my spouse contribute the max $3000/year to a Roth (or any) IRA even if she is not a U.S. citizen? We're legally married and she has an ITIN number, but I don't know how what the rules are regarding spouse IRAs.

As noted before, there doesn't appear to be any prohibition on an alien's holding an IRA. My concern, not knowing anything about how military pay is taxed and whether your wife has earned income, is that there must be taxable compensation on your joint return equal to or greater than the total of your combined IRA contributions. You can read more about this requirement in Pub 590.

Phil Marti

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