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Mike-USACPA
Mike-USACPA, Accountant
Category: Tax
Satisfied Customers: 18
Experience:  I am a CPA licensed in Virginia and Minnesota and have been working in the tax accounting field for over 7 years.
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UK citizen married to a US citizen. Lived in UK until October

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UK citizen married to a US citizen. Lived in UK until October 2011 when both moved to the US. UK husband is working in US and having taxes taken out. He is on an L1 visa and an application for a green card.. US spouse filed her own 2011 US tax return - married filing separate.
UK husband - met presence test on July 11, 2011 but was in US more than 10 days in May 2011. Therefore UK husband is resident starting in May?
UK husband is a dual status taxpayer and will have to report worldwide income starting in May 2011?
UK husband is "dual status" taxpayer for 2011?
Submitted: 2 years ago.
Category: Tax
Expert:  Mike-USACPA replied 2 years ago.

Mike-USACPA :

Hello,

Mike-USACPA :

It appears you have already done quite a lot of research on his residency. I agree that your husband would meet the presence test in May and be taxed in the US on worldwide income starting in May 2011.

Mike-USACPA :

The US will allow a foreign tax credit on form 1116 to help offset the UK taxes associated with the double taxed income.

Mike-USACPA :

I recommend discussing with the UK tax accountant or review UK tax return to determine how much of the income is taxed and apply this to the US return.

Mike-USACPA :

To answer your final question, I agree your husband will be a dual status taxpayer in 2011 for US taxes and will need to file a 1040, with a 1040-NR attachment to report any US source income on the 1040NR and will need to pay tax on this income. Be sure to write Dual-Status on the top of your return for 2011.

Mike-USACPA :

Please let me know if you have any additional questions, or if I did not answer yours completely. It appears you are looking more for confirmation and I would agree that you have it all right, if this is what you need.

Customer:

Thanks. I wanted to make sure I was on the right track.

Mike-USACPA, Accountant
Category: Tax
Satisfied Customers: 18
Experience: I am a CPA licensed in Virginia and Minnesota and have been working in the tax accounting field for over 7 years.
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