This election is for the year made and all subsequent years until terminated. It
may be terminated voluntarily, by death, by legal separation, by the Secretary of
Treasury [in certain instances per § 6013 (g)(5)]. Once an election is terminated, it
may never be made by the same two spouses again.
In this problem, C and N may elect to file jointly; however, they must then
include N’s worldwide income on that return. If N has little or no income, this will
be beneficial.
The risks are related to the fact that this is a one-time election which continues
until terminated. Should C and N terminate the election, they lose the ability to re–
elect, so it is not wise to elect without careful consideration.
4-61 Ted qualifies for the maximum earned income exclusion of $95,100 for 2012.
Thus, his taxable income for 2012 is $25,150, computed as follows (computations for
2011 and 2012 are shown for convenience):
2012 2011
Foreign earned income $110,000 $110,000
Interest income 20,000 20,000
Total income $130,000 $130,000
Foreign earned income exclusion (95,100) (92,900)
Standard deduction (5,950) (5,800)
Personal exemption (3,800) (3,700)
Taxable income $ 25,150 $ 27,600
According to the prescribed method of computing the tax under § 901, for 2011 the first
$92,900 is excluded and the balance is taxed as if the exclusion did not exist. Thus the
$25,150 of taxable income is taxed at the rates that apply to income from $95,101
exclusion amount to $120,250 ($95,100 exclusion amount + taxable income $25,150).
The actual tax is determined by taking the difference between the tax on taxable income
without the exclusion and the tax on the excluded amount. For 2011 and 2012, the tax is
as computed below.
Tax calculation for 2012
Taxable income $25,150
Foreign earned income exclusion 95,100
Taxable income without the exclusion $120,250