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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 10104
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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My wife is a US citizen. I am a US Green Card holder. We previously

Customer Question

My wife is a US citizen. I am a US Green Card holder. We previously lived in the UK, but are now resident in the US. I am about to file an 8802 so that we can stop being taxed in the UK. Do I need to file separate 8802's for my wife and myself?
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.
No,
The 8802 can be filed with the filing entity being the married couple.
Note in "Table 3. Who Has Authority To Sign Form 8802" (page 14) of the instructions, the following:
If the applicant is .... "a married couple,"
THEN the individual with authority to sign Form 8802 is... "both the husband and the wife"
Let me know if you have questions...
Lane
Customer: replied 1 year ago.
OK - then three questions:1. Point 4 on the 8802. "Applicant is etc etc". I would tick a (as an individual), but I am a US lawful permanent resident, whereas my wife is a US citizen. Do I not need to fill out any information about my wife? Or will they (the IRS) pick that up from our tax return?2. Under the "penalties of perjury" section (section 10), do I make separate statements for myself and my wife?3. I assume that I only pay the one fee of $85?
Expert:  Lane replied 1 year ago.
Notice how the form says...
Applicant is (check appropriate box(es)):
then
a Individual. Check all applicable boxes.
SO, again, you can do this as a joint application by checking both (and would only pay one fee).
However, as your wife is already a US citizen, I can see no need to file for her at all.
She will be a citizen RESIDING in the, earning no income in UK, I'm assuming, so she will"default" to taxation in/by US.
And yes, they will see this on the joint return you will both file.
Lane
Expert:  Lane replied 1 year ago.
P.S.
Just noticed a typo
Above where it says, "She will be a citizen RESIDING in the, earning no income in UK, I'm assuming, so she will"default" to taxation in/by US."
I meant She will be a citizen RESIDING in the [U.S.], earning no income in UK, I'm assuming [no UK income], so she will"default" to taxation in/by US."
If this HAS helped, I'd appreciate a positive rating, using the smiley faces or stars on your screen ...   that's the ONLY WAY I'm credited for the work here.
But if you still have questions.. let me know, and we can go from there
Lane