Tax filing status/witholding question for newlyweds

[ulfie2001 0]

I spent a few hours today digging through IRS forms today and here's what I found out....

You can file a joint return if your spouse is a non-resident alien but you must petition the IRS to have your spouse treated as a resident alien for tax purposes. The instructions for doing this are in IRS publication 519 under the section titled "Nonresident spouse treated as resident". You aren't allowed to file a joint return if one person is a non-resident alien unless you specifically request to have the non-resident treated as a resident. Those filing as non-resident aliens need to file using the 1040-NR if they have taxable income in the US.

http://www.irs.gov/pub/irs-pdf/p519.pdf

You also have to file for an ITIN for your spouse (if they don't already have one) along with your completed tax return using form W-7.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

If all goes well they grant your spouse's ITIN in 4-6 weeks and then process your return.

In my case my wife has no income (she's a student) so it makes sense for us to do this since I go from owing money to getting a huge refund. The downside is that if your spouse has income and you elect to have them treated as a resident for US tax purposes their income becomes taxable in the US. I think that's what it means anyway. Since my wife has no income I didn't research this that much.

Another option, as mentioned earlier, is to file as single and then file an ammended return later. For me, doing all the paperwork up front is the better option since it gets me a refund.

Disclaimer: I am NOT a tax professional. I'm just a guy that had some time on my hands today so I decided to look all this stuff up. If anyone sees where I've made a gross error, please spank me and send me to bed without supper.

[Urge To Race 2]

US Residents for tax purposes are still allowed to exempt foreign income from US taxes up to the exclusion amount. This amount can vary by tax year, for 2007, that amount is $85,700. You claim that exclusion by filing form 2555 along with the 1040. So again, the decision to declare a spouse a US resident for tax purposes for tax year 2007 is an individual decision based on individual circumstances of income of both spouses.

Edp333, on your previous question, no one I asked about the US, Canada, Mexico question and ITIN is aware of such a change for 2007.

I spent a few hours today digging through IRS forms today and here's what I found out....

You can file a joint return if your spouse is a non-resident alien but you must petition the IRS to have your spouse treated as a resident alien for tax purposes. The instructions for doing this are in IRS publication 519 under the section titled "Nonresident spouse treated as resident". You aren't allowed to file a joint return if one person is a non-resident alien unless you specifically request to have the non-resident treated as a resident. Those filing as non-resident aliens need to file using the 1040-NR if they have taxable income in the US.

http://www.irs.gov/pub/irs-pdf/p519.pdf

You also have to file for an ITIN for your spouse (if they don't already have one) along with your completed tax return using form W-7.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

If all goes well they grant your spouse's ITIN in 4-6 weeks and then process your return.

In my case my wife has no income (she's a student) so it makes sense for us to do this since I go from owing money to getting a huge refund. The downside is that if your spouse has income and you elect to have them treated as a resident for US tax purposes their income becomes taxable in the US. I think that's what it means anyway. Since my wife has no income I didn't research this that much.

Another option, as mentioned earlier, is to file as single and then file an ammended return later. For me, doing all the paperwork up front is the better option since it gets me a refund.

Disclaimer: I am NOT a tax professional. I'm just a guy that had some time on my hands today so I decided to look all this stuff up. If anyone sees where I've made a gross error, please spank me and send me to bed without supper.

Edited December 22, 2007 by Urge To Race

[KingsleysPrincess 0]

Hello! I really appreciate all this information about how to file and include my spouse on my return. This is very helpful as I had NO IDEA what to do. Thanks

Tomeca

[Bacchha 0]

Hello! I really appreciate all this information about how to file and include my spouse on my return. This is very helpful as I had NO IDEA what to do. Thanks

Tomeca

Wow Pattu was thinking along the same lines as I was, after it just hit me, tax time is coming soon.

Technically I was married in March 2007 then the visa filing started in April.

Still reading through the IRS related info above, but anyone have thoughts on how I should handle the W-4 at my workplace?

I just had open enrollment and I used this oppurtunity to add my wife to my medical/dental/vision coverages and added some more head room to my FSA for anticipated added costs once she is here later this year (by April 2008 I hope). For those wondering, I did this now even though marriage usually allwos for these changes anytime because the evidence for it would get a bit complicated as the marriage was technically in March 2007.

Anyways, should I change my W-4 now? As I definately am taking on more deductions now with a dependent (my wife) added to my medical/dental/vision.

Or should I just allow the Tax Filing handle this? Eventually I should change my W-4 though correct? When is the question... now or later. Perhaps others have their thoughts on this. Thanks a bunch.

[edp333 9]

Edp333, on your previous question, no one I asked about the US, Canada, Mexico question and ITIN is aware of such a change for 2007.

Thanks for researching this information Urge.

[N360 0]

I am wondering if I need to go to my HR office and change my W-4 forms now that I am married, or if I only change filing status from "Single' to 'Married, filing separately' when I fill out my tax return. What did other people do?

W4 is for adjusting the amount withheld for taxes. How you file is only loosely related in that you could end up with more or less of a refund or need to write a check for more.

The proper way to file is to file as married filing jointly but since your husband doesn't have SSN, you file a W7 with your return to get him an ITIN. (a tax number that doesn't allow working). The Catch 22 is you would need his passport in hand to do that.

What I did is go ahead and file as single. After my wife got here we filed the W7 with an amended return and got some more money back.

Yes, my wife presented my 2005 tax return with the I-134, showing he single status even though we married in 2005.

Thanks guys. Perfect timing. Its that time of the year and I was just thinking about this.

I think I'll be filing as single then just have it ammended when my wife gets here. This seem to be th easiest way.

Pushbrk, Do you know if there's a time deadline or limit on when I have to file my ammended return?

Many Thanks

[Imua 0]

I am wondering if I need to go to my HR office and change my W-4 forms now that I am married, or if I only change filing status from "Single' to 'Married, filing separately' when I fill out my tax return. What did other people do?

W4 is for adjusting the amount withheld for taxes. How you file is only loosely related in that you could end up with more or less of a refund or need to write a check for more.

The proper way to file is to file as married filing jointly but since your husband doesn't have SSN, you file a W7 with your return to get him an ITIN. (a tax number that doesn't allow working). The Catch 22 is you would need his passport in hand to do that.

What I did is go ahead and file as single. After my wife got here we filed the W7 with an amended return and got some more money back.

Yes, my wife presented my 2005 tax return with the I-134, showing he single status even though we married in 2005.

Thanks guys. Perfect timing. Its that time of the year and I was just thinking about this.

I think I'll be filing as single then just have it ammended when my wife gets here. This seem to be th easiest way.

Pushbrk, Do you know if there's a time deadline or limit on when I have to file my ammended return?

Many Thanks

As long as it won't create a problem at interview time when I need to show my 1040 for the Affidavit of Support(does anyone know about this?), I plan to file as single too, since I am counting on my refund to be here by March or so to pay for my next trip to see G and frankly don't know how to deal with him having to get a copy of his passport notarized, etc. - too much to deal with and I haven't even filed the I-130!!!

Edited January 7, 2008 by Pattu Rani

[Urge To Race 2]

noel877, generally, you have to file a 1040X (amended return) within 3 years of your original filing or within 2 years after the date you paid the tax if you owed money, whichever is later.

Thanks guys. Perfect timing. Its that time of the year and I was just thinking about this.

I think I'll be filing as single then just have it ammended when my wife gets here. This seem to be th easiest way.

Pushbrk, Do you know if there's a time deadline or limit on when I have to file my ammended return?

Many Thanks

[N360 0]

noel877, generally, you have to file a 1040X (amended return) within 3 years of your original filing or within 2 years after the date you paid the tax if you owed money, whichever is later.

Thanks guys. Perfect timing. Its that time of the year and I was just thinking about this.

I think I'll be filing as single then just have it ammended when my wife gets here. This seem to be th easiest way.

Pushbrk, Do you know if there's a time deadline or limit on when I have to file my ammended return?

Many Thanks

Thanks Urge. This is the info I was looking for. I hope they approved my wife's K3 within 3 years. LOL

[pushbrk 12,883]

I spent a few hours today digging through IRS forms today and here's what I found out....

You can file a joint return if your spouse is a non-resident alien but you must petition the IRS to have your spouse treated as a resident alien for tax purposes. The instructions for doing this are in IRS publication 519 under the section titled "Nonresident spouse treated as resident". You aren't allowed to file a joint return if one person is a non-resident alien unless you specifically request to have the non-resident treated as a resident. Those filing as non-resident aliens need to file using the 1040-NR if they have taxable income in the US.

http://www.irs.gov/pub/irs-pdf/p519.pdf

You also have to file for an ITIN for your spouse (if they don't already have one) along with your completed tax return using form W-7.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

If all goes well they grant your spouse's ITIN in 4-6 weeks and then process your return.

In my case my wife has no income (she's a student) so it makes sense for us to do this since I go from owing money to getting a huge refund. The downside is that if your spouse has income and you elect to have them treated as a resident for US tax purposes their income becomes taxable in the US. I think that's what it means anyway. Since my wife has no income I didn't research this that much.

Another option, as mentioned earlier, is to file as single and then file an ammended return later. For me, doing all the paperwork up front is the better option since it gets me a refund.

Disclaimer: I am NOT a tax professional. I'm just a guy that had some time on my hands today so I decided to look all this stuff up. If anyone sees where I've made a gross error, please spank me and send me to bed without supper.

It sounds really simple until you start thinking about how you are going to include a US Notary's signature attesting to the fact that the passport copy is a true one. In our case, I filed early as single, used the refund to finance my second trip to China and then filed an amended return for a bigger refund after she arrived. We weren't about to risk mailing a passport between the US and China.

[payxibka 10,045]

It sounds really simple until you start thinking about how you are going to include a US Notary's signature attesting to the fact that the passport copy is a true one.

Per the instructions to the W7:

U.S. notaries public are available at U.S. embassies and consulates worldwide. Foreign notaries are acceptable as outlined by the Hague Convention.

[pushbrk 12,883]

It sounds really simple until you start thinking about how you are going to include a US Notary's signature attesting to the fact that the passport copy is a true one.

Per the instructions to the W7:

U.S. notaries public are available at U.S. embassies and consulates worldwide. Foreign notaries are acceptable as outlined by the Hague Convention.

I don't know about how one would utilize a foreign notary but at least in China, the services of a US notary in an Embassy or Consulate are only available to US Citizens. So, it's not like my wife could have walked in and gotten it done. The distance was too great anyway.

There are also IRS offices in some countries. The passport can be authenticated there as well.

For some, the available options will be practical. For others, not so much. I'm just saying it sounds simple until you start dealing with the passport copy issue.

[Bacchha 0]

How I should handle the W-4 at my workplace?

I just had open enrollment and I used this opportunity to add my wife to my medical/dental/vision coverages and added some more head room to my FSA for anticipated added costs once she is here later this year (by April 2008 I hope). For those wondering, I did this now even though marriage usually allows for these changes anytime because the evidence for it would get a bit complicated as the marriage was technically in March 2007.

Anyways, should I change my W-4 now? As I definitely am taking on more deductions now with a dependent (my wife) added to my medical/dental/vision.

Or should I just allow the Tax Filing handle this? Eventually I should change my W-4 though correct? When is the question... now or later. Perhaps others have their thoughts on this. Thanks a bunch.

Any thoughts on my W-4 related question?

[little white guy 0]

It sounds really simple until you start thinking about how you are going to include a US Notary's signature attesting to the fact that the passport copy is a true one.

Per the instructions to the W7:

U.S. notaries public are available at U.S. embassies and consulates worldwide. Foreign notaries are acceptable as outlined by the Hague Convention.

I don't know about how one would utilize a foreign notary but at least in China, the services of a US notary in an Embassy or Consulate are only available to US Citizens. So, it's not like my wife could have walked in and gotten it done. The distance was too great anyway.

There are also IRS offices in some countries. The passport can be authenticated there as well.

For some, the available options will be practical. For others, not so much. I'm just saying it sounds simple until you start dealing with the passport copy issue.

We went through a week and many dollars to do this while wife was still in China..We had to take her passport to a Chinese Notary to have a booklet made in Chinese and English, then (I) had to take all this to the GZ consulate to have a page added and another US notary added their stamp to the booklet..True she can't have an american consulate put a notary seal..Maybe it's different in other countries but in China thats how we had to do it..Hes right it's simple until you deal with it..Even with all that done proper and legal the IRS would not accept it for the year 2006..They simply said you need to call us beforehand..Rules change all the time they told us, don't take printed pages as religion not even on their website..So says IRS..

Edited January 9, 2008 by little white guy

[Imua 0]

I spent a few hours today digging through IRS forms today and here's what I found out....

You can file a joint return if your spouse is a non-resident alien but you must petition the IRS to have your spouse treated as a resident alien for tax purposes. The instructions for doing this are in IRS publication 519 under the section titled "Nonresident spouse treated as resident". You aren't allowed to file a joint return if one person is a non-resident alien unless you specifically request to have the non-resident treated as a resident. Those filing as non-resident aliens need to file using the 1040-NR if they have taxable income in the US.

http://www.irs.gov/pub/irs-pdf/p519.pdf

You also have to file for an ITIN for your spouse (if they don't already have one) along with your completed tax return using form W-7.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

If all goes well they grant your spouse's ITIN in 4-6 weeks and then process your return.

In my case my wife has no income (she's a student) so it makes sense for us to do this since I go from owing money to getting a huge refund. The downside is that if your spouse has income and you elect to have them treated as a resident for US tax purposes their income becomes taxable in the US. I think that's what it means anyway. Since my wife has no income I didn't research this that much.

Another option, as mentioned earlier, is to file as single and then file an ammended return later. For me, doing all the paperwork up front is the better option since it gets me a refund.

Disclaimer: I am NOT a tax professional. I'm just a guy that had some time on my hands today so I decided to look all this stuff up. If anyone sees where I've made a gross error, please spank me and send me to bed without supper.

It sounds really simple until you start thinking about how you are going to include a US Notary's signature attesting to the fact that the passport copy is a true one. In our case, I filed early as single, used the refund to finance my second trip to China and then filed an amended return for a bigger refund after she arrived. We weren't about to risk mailing a passport between the US and China.

This is what I am thinking of doing(because I need the refund for exactly the same purpose!!!) I would never have G mail his passport to me - at one time last year the Nepali gov't was not issuing passports because there was too much instability - don't want to run the risk of him not being able to get a replacement should it get lost in the mail. That would really put a snag in our visa journey!!!