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Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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I am engaged to a USA citizen. We have homes in UK and Texas,

Resolved Question:

I am engaged to a USA citizen. We have homes in UK and Texas, USA. I plan to retire shortly and want to spend part of the year at each home.   Will we have to pay income tax in both countries or only one? What if we split the year 6m/6m or 7m/5m ?
Submitted: 7 years ago.
Category: Tax
Expert:  Merlo replied 7 years ago.
Hello jac,

As a US citizen, your wife will be required to report her income worldwide, regardless of where she lives.

If you also plan to spend time in the US, then if you meet the substantial presence test, you would be considered a resident alien, and would be subject to the same tax laws as a US citizen.

To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before.

You will both need to file a tax return with the US to report your income from all sources. However, at the same time, the US will allow you to claim a credit for tax you already paid to the UK on that same income, so there should be no double taxation.

If this was helpful please press the Accept button.

Thank you jac.



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Customer: replied 7 years ago.
If I spent 6 months of the year in UK would I pay any UK income tax. If US tax is less than UK for the same income, do I get a refund from UK?
Expert:  Merlo replied 7 years ago.
Hello again jac,

You will continue to pay UK tax on any income you have from the UK. That same income would be reported to the US, but the US will then allow you to claim a credit for the tax already paid to the UK on that same income. If it ends up that the UK tax is less than what you would owe in the US, then you would still owe tax to the US for the difference. It it ends up the UK tax is more, you would not owe any tax to the US, but you would also not get a refund.

The same reverse scenario works on income you have from a US source.

If this was helpful please press the Accept button.

Thank you jac.