If I am married in another country in 2021 but will not yet be officially married in US till 2022. Do I file as single or married for the 2021 tax year?

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Posting as :
works at
You are currently posting as works at

If you’re married, you’re married.

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My take is that you are legally married in the United States, and I suspect your spouse could file for divorce here.

Read the Forbes article on Semone Grossman, titled “Estate Tax Nightmare: Three Weddings, Two Funerals, And A Mexican Divorce. “. It’s a story that just can’t be made up, and at the end of the day the IRS respected the guys 3rd marriage which was overseas, and allowed the estate tax spousal deduction.

Curious what others think…

Who's going to check your marriage certificate?

The IRS.

funny

As long as you both have the same filing status it’s fine.

Thank you all! Yes my spouse is international. So I would have to file for him to come here… because of US immigration processing times, I won’t be married in the US till 2022. It’s a weird line 😞

Assuming that in 2021 your spouse is a US nonresident alien (not a US citizen, green card holder, or US tax resident) - you could file a IRC 6013(g) election to file as full year MFJ in 2021 if your spouse isn’t in the US. You could also file a IRC 6013(h) election to file as full year MFJ in 2021 if your spouse arrived in 2021.

Kindly note that the elections would mean that your spouse would be subject to worldwide US taxation for all of 2021. Do some quick research on what your spouse owns/their income and see what’s best for you both! Better to get ahead of it now before they arrive :)

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