Tax filing question

[yassmine2878 1]

Im trying to do the ol taxes and this is my first year to file as married. But Im a little confused as to whether I should file as 'married and filing separately' or 'married and filing jointly'. My reason for asking is because hubster has no SSN and no income to report. So does he qualify as my dependent? My W-2 hasnt arrived yet, so Im going off my paystubs, but my status changed from single to married on the paychecks back in April. Suggestions? I dont have to file the taxes this instant, but since I dont get paid while on maternity leave, and we're enjoying a lovely AOS crisis, the tax refund would be a great help sooner rather than later.

[YuAndDan 153]

File married filing jointly, you can apply for an ITIN for your husband, to use with IRS in place of SSN.

http://www.irs.gov/businesses/small/intern...d=96696,00.html

[de_sjiem 0]

file married and jointly... you'll get a bigger refund.. as for the lack of SSN, you/he can file for a ITIN (individual taxpayer identification number) with the IRS (file a W-7) with your tax form...

see

http://www.irs.gov/individuals/article/0,,id=96287,00.html for more info about the ITIN...

[AUBGER 0]

Usually "filing jointly" is the better and more tax saving than "filing separately". It allows a better standard tax deduction unless there is a large medical bill for one or something like that.

I would recommend you go to a book store and buy yourself a book called "2008 taxes for dummies". It explains pros and cons of both filing methods and in a normal English language.

Every situation varies and I am not 100% positive but I do believe that this year you're stuck with "filing separately". If I remember correct in order to claim a dependent he/she has to be a legal permanent resident of the US.

I started my internship today and i will be doing taxes but I didn't go all the way figuring it out yet Still working on it :-P

If you don't have a lot of itemized items though, I would recommend form 1040EZ or 1040A

It's not as big of a headache as the long form.

I do really recommend that book too. It's cheap and awesome.

Good luck

[yassmine2878 1]

File married filing jointly, you can apply for an ITIN for your husband, to use with IRS in place of SSN.

http://www.irs.gov/businesses/small/intern...d=96696,00.html

file married and jointly... you'll get a bigger refund.. as for the lack of SSN, you/he can file for a ITIN (individual taxpayer identification number) with the IRS (file a W-7) with your tax form...

see

http://www.irs.gov/individuals/article/0,,id=96287,00.html for more info about the ITIN...

Unfortunately he's not eligible for the ITIN. We inquired about it w/SSA earlier in 2007 when we hit a huge hitch. His DOB was entered wrong at the POE, so his demo w/USCIS didnt match his passport/visa, and SSA refused his SSN app until the DOB could be fixed. When his DOB was finally fixed in USCIS files I called SSA to reapply and they said he couldnt reapply now without his PR card. I also inquired about the ITIN and was informed that because he was eligible for an SSN, the ITIN was not an option.

But I do appreciate the tip in any event

Usually "filing jointly" is the better and more tax saving than "filing separately". It allows a better standard tax deduction unless there is a large medical bill for one or something like that.

I would recommend you go to a book store and buy yourself a book called "2008 taxes for dummies". It explains pros and cons of both filing methods and in a normal English language.

Every situation varies and I am not 100% positive but I do believe that this year you're stuck with "filing separately". If I remember correct in order to claim a dependent he/she has to be a legal permanent resident of the US.

I started my internship today and i will be doing taxes but I didn't go all the way figuring it out yet Still working on it :-P

If you don't have a lot of itemized items though, I would recommend form 1040EZ or 1040A

It's not as big of a headache as the long form.

I do really recommend that book too. It's cheap and awesome.

Good luck

Thanks, Ill see what I can dig up in that book.

[de_sjiem 0]

But he cant get his SSN before taxes are due so therefore he is eligible for an ITIN... The ITIN is an IRS thing and the SSA doesnt really have anything to do with it... Call the IRS and ask... According to the SSA hi is not currently eligible for a SSN (or else they would give him one)

From the IRS website "Complete Form W-7 only if the Social Security Administration (SSA) notifies you that an SSN cannot be issued."

(Under "How do I know I need an ITIN?" at http://www.irs.gov/individuals/article/0,,id=96287,00.html )

[lucyrich 20]

Just a note: Your spouse is NEVER considered your dependent (at least not in the sense of tax law). See the middle column of page 24 of IRS Publication 17.

When you file a joint return, both of the taxpayers generally get to enter their personal exemptions, so the joint return will usually have two exemptions listed, but that's not the same as claiming a dependent.

As to whether to file jointly or separately, you'll usually come out better filing jointly, but the only way to be 100% sure is to run the numbers both ways. If you file jointly, your joint return must declare worldwide income of both spouses. If you want to file jointly, and your spouse was a nonresident alien, see chapter 1 of IRS Publication 519. Basically, you send a letter saying that the alien spouse wants to be considered a resident, and you want to file a joint return.

[JenAlex 0]

Dang, I was hoping that I could use 'married filing jointly'. However, I think that would be a mistake and I'd end up paying.

[terrie/kamal 0]

I HOPE I'M NOT TOTALLY OFF BASE WITH THIS RESPONSE, BUT, MY TAX PREPARER AND I DID SOME RESEARCH ON THIS BECAUSE I AM GOING THRU THIS NOW. BECAUSE WE ARE WAITING FOR HIS EAD AND AOS TO BE APPROVED HE CANNOT GET A SSN RIGHT NOW. SO I AM GONNA WAIT TIL HE GET THE APPROVAL THEN APPLY FOR HIS SSN AND FILE MARRIED FILING JOINTLY. IF I FILE MARRIED FILING SINGLY I WON'T GET AS MUCH BACK, SO my thoughts to you WOULD BE, IF U KNOW THE AOS APPROVAL IS GONNA BE HERE BEFORE THE TAX DEADLINE, IT ONLY TAKES 2 WEEKS OR SO TO GET AN SSN CARD, YOU CAN FILE MARRIED FILING SEPERATLY AND THEN AMEND IT OR WAIT AND FILE MARRIED FILING JOINTLY. THAT IS WHAT THE IRS TOLD MY HUSBAND I SHOULD DO. I HOPE THIS HELPS

[terrie/kamal 0]

I HOPE I'M NOT TOTALLY OFF BASE WITH THIS RESPONSE, BUT, MY TAX PREPARER AND I DID SOME RESEARCH ON THIS BECAUSE I AM GOING THRU THIS NOW. BECAUSE WE ARE WAITING FOR HIS EAD AND AOS TO BE APPROVED HE CANNOT GET A SSN RIGHT NOW. SO I AM GONNA WAIT TIL HE GET THE APPROVAL THEN APPLY FOR HIS SSN AND FILE MARRIED FILING JOINTLY. IF I FILE MARRIED FILING SINGLY I WON'T GET AS MUCH BACK, SO my thoughts to you WOULD BE, IF U KNOW THE AOS APPROVAL IS GONNA BE HERE BEFORE THE TAX DEADLINE, IT ONLY TAKES 2 WEEKS OR SO TO GET AN SSN CARD, YOU CAN FILE MARRIED FILING SEPERATLY AND THEN AMEND IT OR WAIT AND FILE MARRIED FILING JOINTLY. THAT IS WHAT THE IRS TOLD MY HUSBAND I SHOULD DO. I HOPE THIS HELPS. ALSO HE IS NOT ELIGIBLE FOR AN ITN BECAUSE HE WILL BE ELIGIBLE FOR AN SSN.

Edited January 9, 2008 by terrie/kamal

[JenAlex 0]

We just got our NOA1 so I doubt USCIS is gonna move that fast for us.

[terrie/kamal 0]

I WAS TOLD U COULD ALSO FILE FOR AN EXTENTION. JUST A THOUGHT.

[AUBGER 0]

I WAS TOLD U COULD ALSO FILE FOR AN EXTENTION. JUST A THOUGHT.

Yes you can. Until August I think. You lose along the way by doing it though. Better fill before April 15th

File i mean

[ausqueen 0]

If you file jointly, your joint return must declare worldwide income of both spouses. If you want to file jointly, and your spouse was a nonresident alien, see chapter 1 of IRS Publication 519. Basically, you send a letter saying that the alien spouse wants to be considered a resident, and you want to file a joint return.

lucyrich,

you mean I paid my taxes back home and now I have to declare my income from Australia to... what? Get money back from US government or pay taxes again - this time to US government???

And if I became LPR only over a month ago (AOS approved end November) - do I consider myself "nonresident alien" for the first 7 months of my life in US or what?

Could you please explain a bit what you said here earlier? Or... anyone else who knows this stuff

Thanks heaps!

[lucyrich 20]

If you file jointly, your joint return must declare worldwide income of both spouses. If you want to file jointly, and your spouse was a nonresident alien, see chapter 1 of IRS Publication 519. Basically, you send a letter saying that the alien spouse wants to be considered a resident, and you want to file a joint return.

lucyrich,

you mean I paid my taxes back home and now I have to declare my income from Australia to... what? Get money back from US government or pay taxes again - this time to US government???

And if I became LPR only over a month ago (AOS approved end November) - do I consider myself "nonresident alien" for the first 7 months of my life in US or what?

Could you please explain a bit what you said here earlier? Or... anyone else who knows this stuff

Thanks heaps!

Sorry, I'm not an expert in international taxation. I can only refer you to publication 519 in the above link, or suggest you find appropriate professional. But I'll try and address the limited issues I know...

Since you had LPR status at the end of the year, you are definitely considered a resident alien, at least during the time you had the green card status. You are probably also considered a resident alien before you got LPR status if you met the "substantial presence" test earlier in the year. You might be a dual status alien, since your resident alien status probably started during the middle of the year. All of these possibilities are covered in chapter 1 of publication 519.

A dual status alien ordinarily wouldn't be able to file a joint return. But if married to a US Citizen, you can elect to be considered a resident alien for the entire year, if you choose. Choosing to do this may allow you and your spouse to file a joint return and be subject to lower tax rates and higher deductions, and thus lower the total tax bill for the two of you. But if it causes you to include a lot more taxable income, it may not be such a beneficial choice. In order to choose to be considered a resident alien, you've got to meet the four criteria listed in the middle column of page 9 of publication 519.

Welcome to the US. Tax law is frustratingly complex and non-intuitive here. Sorry about that.