Ep 69: One Cross-Border Marriage and Two Filing Statuses: How The 6013h Election Can Help!

We discuss the 6013h election, a tax provision that allows certain non-residents to file as U.S. residents. 

We explore eligibility criteria, the benefits of filing jointly, and the potential drawbacks, including the requirement to report worldwide income.

We emphasize the importance of consulting a tax professional before making this election and clarify common misconceptions about related tax codes.


 Key Takeaways

• The 6013h election allows non-residents to file as tax residents.
• Eligibility for the election includes being married and both spouses being present in the U.S.
• Filing jointly can lead to lower tax brackets and higher deductions, but requires reporting worldwide income and assets.
• Once made, the 6013h election can only be revoked before the tax deadline.
• The election locks you into joint filing unless certain conditions are met.

Chapters  

• 00:00 Understanding the 6013h Election
• 03:14 Eligibility and Limitations of the 6013h Election
• 06:13 Benefits and Drawbacks of Filing Jointly
• 09:47 Final Thoughts and Resources

Episode Links and Resources

• Ep 7: Section 6013(g) - Non-resident, Non-citizen, filing taxes with a U.S. citizen
• When the Nonresident Spouse Becomes U.S. Enough for the IRS!

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The speakers' views and opinions discussed in this episode should not be considered financial, tax, or legal advice. Consult your advisor for any legal, cross-border tax, and financial advice.