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Marriage and tax status

ROC taxes, overseas payment of taxes, withholding rates, general tax liability issues, and other tax-related matters
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Marriage and tax status

Postby cuzenu » 27 Aug 2015, 02:51

Hi I've been looking at both the marriage and tax threads but I haven't spotted a post that answers my questions exactly.

If a Taiwanese and US citizen get married in taiwan first, is the marriage automatically accepted in the USA or is another marriage certificate or confirmation required?

If the US citizen is filed as a dependant under their parents in then does the marriage in Taiwan negate this status? Should they file taxes as married separate since the spouse is Taiwanese? I've heard that couples can choose to certify their marriage abroad in the US wherever they want. But would waiting to file it later be considered illegal for tax purposes or when applying for the spouse visa?
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Re: Marriage and tax status

Postby Hokwongwei » 27 Aug 2015, 03:01

I can't give you definitive answers but I can share my experience. I'm American, she's Taiwanese, we had our wedding in Taiwan. I only moved back to the US early this year, and what the lawyer I've hired and my lawyer friends tell me is, without question, the Taiwanese certificate of marriage (English version) is sufficient proof that we are married as far as the US and California governments are concerned. We're going through the immigration process now for her, so I'm not entirely sure how it will work out, but no, the US does not keep a central marriage registry, so there is no need to "inform" them of the marriage. Just keep the certificate around all the time. Can't help with the tax situation much though.
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Re: Marriage and tax status

Postby claimui » 31 Aug 2015, 15:47

Once married, you need to file your taxes as either married filing jointly or married filing separately. You'll have to figure out which one works out better for your situation.

Your parents can't claim you as a dependent if you file as married filing jointly. There are other requirements as well, including having really low income (in which case I'm not sure why you need to worry much about taxes at all).
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