Confused about 2007 taxes while having spouse under CR1

[karla5001 0]

ok so since i havnt lived with my husband all of 2007, i was married in may...i can file as single correct?

ok so since i havnt lived with my husband all of 2007, i was married in may...i can file as single correct?

thanks for all of your replies!!! im sure im not the only one who has this concern LOL! i want to get my taxes OUT of the way ASAP!

You could file as single but wouldn't you want to take the larger deduction?

i am a dependent on my parents taxes so i dont think it would make a difference on my taxes

(im 19 a college student)

*so i wanted to just make it easy and put single but i wasnt sure if i could...but i think i can after reading all of your posts*

Edited February 5, 2008 by karla5001

[The Robinsons 0]

When we spoke to the IRS at the embassy in the UK in regards to our 2006 tax return we were told pretty much the same as everyone else has been saying.

I just want to add that we were also told that even if your spouse is not a legal resident, permanent, conditional or whatever, even if they do not have a SSN.....as long as they are married to a U.S. citizen - living in the U.S. or not - they are required to file a U.S. tax return.

Which to me sounds crazy especially since you might not even have been to the U.S. before. But unless that has changed they need to file as well (unless they are exempt from filing under the same requirements as U.S. citizens and residents).

[Delicia 1]

When we spoke to the IRS at the embassy in the UK in regards to our 2006 tax return we were told pretty much the same as everyone else has been saying.

I just want to add that we were also told that even if your spouse is not a legal resident, permanent, conditional or whatever, even if they do not have a SSN.....as long as they are married to a U.S. citizen - living in the U.S. or not - they are required to file a U.S. tax return.

Which to me sounds crazy especially since you might not even have been to the U.S. before. But unless that has changed they need to file as well (unless they are exempt from filing under the same requirements as U.S. citizens and residents).

This is incorrect. A non resident alien is not required to file a tax return, even if they are married to a USC, but they can do so voluntarily if they choose.

[carterlovej 0]

So... here's another question to throw into the mix. If I file "married (joint)" and have my husband fill out the W7 and get an ITN number assigned, how do I report his income on a US tax return? I don't think they have "W-2s" in Spain, although I know they have something similar. My husband makes about the same as I do (converting to USD) so I would think this would have an affect on my taxable income reported....

[Mohgli 0]

So... here's another question to throw into the mix. If I file "married (joint)" and have my husband fill out the W7 and get an ITN number assigned, how do I report his income on a US tax return? I don't think they have "W-2s" in Spain, although I know they have something similar. My husband makes about the same as I do (converting to USD) so I would think this would have an affect on my taxable income reported....

wouldn't that be a question for the tax specialist? CPA?

its risky to go by discussion board directives on this

[payxibka 10,045]

So... here's another question to throw into the mix. If I file "married (joint)" and have my husband fill out the W7 and get an ITN number assigned, how do I report his income on a US tax return? I don't think they have "W-2s" in Spain, although I know they have something similar. My husband makes about the same as I do (converting to USD) so I would think this would have an affect on my taxable income reported....

It certainly is possibly that it could have an affect on your taxable income.... That is why you should familiarize yourself with IRS Publication 54 and Form 2555

[carterlovej 0]

So... here's another question to throw into the mix. If I file "married (joint)" and have my husband fill out the W7 and get an ITN number assigned, how do I report his income on a US tax return? I don't think they have "W-2s" in Spain, although I know they have something similar. My husband makes about the same as I do (converting to USD) so I would think this would have an affect on my taxable income reported....

It certainly is possibly that it could have an affect on your taxable income.... That is why you should familiarize yourself with IRS Publication 54 and Form 2555

Those tax publications are almost as bad as the USCIS ones! Ha ha.

Thanks. I have taken my tax information to my CPA, and even she is unsure (right now) of how to proceed. I'm not sure that my situation is something they run into all the time. Luckily, it is her job to figure it out. I just like to be an informed participant when it comes to forms and applications that have my name on them. I use these boards as info gathering only- not the absolute truths.

By the way, I did read in Publication 54 that putting "NRA" in the SSN field is no longer acceptable to the IRS. FWIW....

[thermophile 0]

it is your choice whether the non-US spouse files US taxes. try running the numbers and see which works out better for your tax situation. For me it was better to include my husband's income then exclude it with the 2555. If you are used to filing out your own taxes you will be able to deal with the foreign income. if you've never been comfortable doing your taxes don't pick this year to start.

[rjp44 1]

i got married in 2007, so im confused about how i file my federal and state taxes since my spouse, does not have an alien resident number. I file the 1040EZ normally. DO i file single...married...or what? and does my spouse have to file anything?

Thanks for your help!

I called the IRS about this same subject. They told me that if I checked the DS-230 to apply for SSN, I could not apply for the ITIN. SInce we won't return until March 19th, there won't be enough time to receive the SSN before the April 15th deadline, It was suggested by the IRS rep that the best route would be to file for the 6 month extension, making sure I won't owe any money to avoid any penalites. Since it looks like from your timeline that you will be looking at an interview sometime around May, perhaps this will work for you. If your spouse had income in the PI, that has to be reported but then is decucted back off as foreign income. Also, when you file, you need to include a letter requesting that the spouse be treated as a resident alien for the tax year 2007 and both of you sign the letter. It's a little complicated and you may wish to get help from a tax proffessional, but you will gain some tax advantages from filing married and with the extra exemption.

[EmilyandJason 0]

Based on my research (IRS website and various publications) a non-resident alien would only HAVE to file if they earned US source income. You can choose to file though, I believe.

In my case, I live and work outside of the US so my husband cannot claim me as a dependant, I have no US source income, therefore I am not filing.

[thermophile 0]

Based on my research (IRS website and various publications) a non-resident alien would only HAVE to file if they earned US source income. You can choose to file though, I believe.

In my case, I live and work outside of the US so my husband cannot claim me as a dependant, I have no US source income, therefore I am not filing.

you don't have to file, but you and your husband could file "married filing jointly". he would include your foreign income on line 7, then exclude the first $80,000 using the 2555. you aren't really a dependent, you're married filing jointly. it doesn't matter if you work in the US or not, the fact that you are married means that you can file as such. In our case all of my husbands income was excluded using the 2555, so we were taxed as if both of us live on my income alone. you can't claim some of the tax credits such as EIC when you exclude foreign income, but that may not matter.

[Goldtrom 0]

Hi I read the W7 instructions and am now more confused. They say not to file the W7 if you are eligible for SSN... So, what do you do if your not eligible NOW but will be in a few months. In other words our visa is still at USCIS so my wife is not eligible for a SSN... Now what?

Any one know what to do in this case? Do we file the W7 then later file for the SSN? Will having the ITIN make it impossible to get the SSN?

[crys 1]

Hi I read the W7 instructions and am now more confused. They say not to file the W7 if you are eligible for SSN... So, what do you do if your not eligible NOW but will be in a few months. In other words our visa is still at USCIS so my wife is not eligible for a SSN... Now what?

Any one know what to do in this case? Do we file the W7 then later file for the SSN? Will having the ITIN make it impossible to get the SSN?

I think you would cancel the ITIN once you apply for SSN? i don't know if i am right but read something like this

[crys 1]

i got married in 2007, so im confused about how i file my federal and state taxes since my spouse, does not have an alien resident number. I file the 1040EZ normally. DO i file single...married...or what? and does my spouse have to file anything?

Thanks for your help!

I called the IRS about this same subject. They told me that if I checked the DS-230 to apply for SSN, I could not apply for the ITIN. SInce we won't return until March 19th, there won't be enough time to receive the SSN before the April 15th deadline, It was suggested by the IRS rep that the best route would be to file for the 6 month extension, making sure I won't owe any money to avoid any penalites. Since it looks like from your timeline that you will be looking at an interview sometime around May, perhaps this will work for you. If your spouse had income in the PI, that has to be reported but then is decucted back off as foreign income. Also, when you file, you need to include a letter requesting that the spouse be treated as a resident alien for the tax year 2007 and both of you sign the letter. It's a little complicated and you may wish to get help from a tax proffessional, but you will gain some tax advantages from filing married and with the extra exemption.

Do you by any chance have a sample letter?

[payxibka 10,045]

Hi I read the W7 instructions and am now more confused. They say not to file the W7 if you are eligible for SSN... So, what do you do if your not eligible NOW but will be in a few months. In other words our visa is still at USCIS so my wife is not eligible for a SSN... Now what?

Any one know what to do in this case? Do we file the W7 then later file for the SSN? Will having the ITIN make it impossible to get the SSN?

Your wife's visa is not at the USCIS since the USCIS does NOT issue visas. Only the US Consulates issue visas.

You are not eligible for a SSN until entry into the USA. Up until entry the only solution is an ITIN.

A SSN makes you ineligible for ITIN, not the other way around....