How to file my US taxes??

[beck4353 0]

Hi,

I was married in June of 07 to a Canadian who has a child. I have filed an I-130 for both of them, currently in process at CSC. I live in the US and she in Canada.

From what I've read, I need to get a tax ID number from the IRS for her and her Canadian passport notarized. When I file, I guess i have the choice between married-jointly and married-separate. She did not make any US income, only Canadian (less than $87,500).

Does anyone know the pros and cons of either of those filing choices? Can I list my stepdaughter as a dependent since I have to file married? I am confused, and this will be the only time I have to worry about this.

Thanks!

[mateo 0]

You can claim the 2 dependants and need to get her a Tax ID. The benefit will be hundreds of dollars, however, make sure that you understand that if you claim her and she has foreign earned income this could come into play if you have an audit. The 2555 says something like 88K for this year of exemption on any income earned in a bona fide foreign residence. I know its complicated, but you need to just walk thru the forms and it will all be clear.

[JA Tam 7]

I had these same questions recently as I had to amend my 2006 tax returns so that my husband could get his financial aid. I emailed the IRS and this is the response that I received from them as it pertained to married filing separately or jointly...

The Answer To Your Question Is:

Thank you for your inquiry regarding your 2006 tax return. We apologize for the delay.

You stated that your husband did not become a permanent resident until October 2007. In 2006 he was still a nonresident alien. Based on this information, a nonresident alien is not required to report foreign source income. However, since you are a United States, (U.S.) citizen, and if you choose to treat your spouse as a resident alien and file a joint return, your spouse's worldwide income must be included on your U.S. tax return. Please see Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad, for more information about filing a joint return.

If you choose to file as married filing separately, your nonresident alien spouse's foreign source income would not be reported on a U.S. tax return.

[crys 1]

I had these same questions recently as I had to amend my 2006 tax returns so that my husband could get his financial aid. I emailed the IRS and this is the response that I received from them as it pertained to married filing separately or jointly...

The Answer To Your Question Is:

Thank you for your inquiry regarding your 2006 tax return. We apologize for the delay.

You stated that your husband did not become a permanent resident until October 2007. In 2006 he was still a nonresident alien. Based on this information, a nonresident alien is not required to report foreign source income. However, since you are a United States, (U.S.) citizen, and if you choose to treat your spouse as a resident alien and file a joint return, your spouse's worldwide income must be included on your U.S. tax return. Please see Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad, for more information about filing a joint return.

If you choose to file as married filing separately, your nonresident alien spouse's foreign source income would not be reported on a U.S. tax return.

What if my spouse is not working? He was still studying...can i still file as married filing jointly??

[beck4353 0]

I had these same questions recently as I had to amend my 2006 tax returns so that my husband could get his financial aid. I emailed the IRS and this is the response that I received from them as it pertained to married filing separately or jointly...

The Answer To Your Question Is:

Thank you for your inquiry regarding your 2006 tax return. We apologize for the delay.

You stated that your husband did not become a permanent resident until October 2007. In 2006 he was still a nonresident alien. Based on this information, a nonresident alien is not required to report foreign source income. However, since you are a United States, (U.S.) citizen, and if you choose to treat your spouse as a resident alien and file a joint return, your spouse's worldwide income must be included on your U.S. tax return. Please see Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad, for more information about filing a joint return.

If you choose to file as married filing separately, your nonresident alien spouse's foreign source income would not be reported on a U.S. tax return.

Thanks for the reply. That seems inline with what I have read elsewhere. Does anyone know if I can list my stepdaughter as a dependent and claim head of household??