Residency and Taxes

[elenetxu]

I was just asked by the tax people in Spain if I file in the US as a resident or a non-resident.

Is this option even available for anyone who is a citizen when filing US taxes? I did a search and the only resident/non-resident option I could find was regarding aliens.

What do you put? I've been living in Spain for +/- 11 months this year.

[crimsonandclover]

I just file as "married filing separately". The residency issue is cleared up when you fill out the 2555EZ (Foreign Earned Income Exclusion), where you have to prove your out-of-country residency for the tax period.

[dulcemariamar]

When you file your US taxes, what forms do you send it?

If you send in the F2555 or the EZ2555 then you shouldnt say to the Spanish authorities that you are a US resident. To file the F2555 or EZ2555 you have to be a resident of another country for at least 330 days out of a tax year.

I dont know if it is on thr EZ form, but one of the questions of the F2555 is if you told the authorities of your host country that you are not a resident of the country. Some people, do this so that they dont have to pay local taxes.

[mrsukyankee]

You'll want to file a six month extension so that you are in the country for the 330 days. Then you can file your taxes as a bona fide resident or something like that (it's been a while since I first filed).