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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29650
Experience:  Taxes, Immigration, Labor Relations
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My husband and I both work overseas, however. Hes able to

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My husband and I both work overseas, however. He's able to claim tax free status and I am not; I work for the DOJ. What would be the best way to file?
Hi and welcome to Just Answer!
If you are a US Government employee paid by a U.S. agency to perform services in a foreign country, your pay is from the U.S. Government and does not qualify for the exclusions or the deduction. This is true even if the U.S. agency is reimbursed by the foreign government.
The issue is that if you will file a joint tax return - your income would be taxed at higher marginal tax rate as if your spouse's foreign earned income would not be excluded.
In this case - it might be more beneficial to file separate tax returns.
However - there are some disadvantages with separate tax returns. For instance - if one of you itemizes - the other must itemize. You may not claim some deductions or credits, etc based on your specific circumstances.
So while most likely filing separate tax returns would be more beneficial - to be précised - you might want to prepare your tax returns both ways and compare before finalizing your decision.
Let me know if you need any help.
Be sure to ask if any clarification needed.
Customer: replied 4 years ago.

Yes, I know I am not eligible for tax free status, but was just wondering what would be more beneficial; filing a separate or joint return. Thank you for your response.

Most likely filing separate tax returns would be more beneficial - to be précised - you might want to prepare your tax returns both ways and compare before finalizing your decision.
If you provide more details about your and your spouse's income and deductions - I will estimate your tax liability in both ways.
Let me know if you need any help.
Lev and 2 other Tax Specialists are ready to help you