Income Tax

[chryl&jhn 0]

Hi Everyone,

We want to file our 2007 Income tax in the US and not sure how to file our status...We are married and live in the U.S. Do I just file joint and married? Can anyone help me out on this....?

[TracyTN 237]

It's not that complicated. You're married - so you either file a joint return (married filing jointly) or separate returns (married filing separately).

One may benefit you more than the other (meaning more or less of a refund), so figure it up both ways and see which is better.

[chryl&jhn 0]

It's not that complicated. You're married - so you either file a joint return (married filing jointly) or separate returns (married filing separately).

One may benefit you more than the other (meaning more or less of a refund), so figure it up both ways and see which is better.

Thank you for your reply....I will try both ways....

[payxibka 10,047]

You also need to determine if iit better for you to be treated as a non-resident alien or if you want to elect to be treated as a resident alien for tax purposes (because I assume you fail the resident alien tests) ... The answer depends on individual facts and circumstances so the answer is not the same for everyone.

Edited February 14, 2008 by fwaguy

[Eric_and_Corinna 0]

If you want to file jointly, and you don't have a SSN, you'll need to fill out the IRS W-7 form. This will get you (or your spouse) the necessary tax ID number. Send that in with your return to Austin Texas, and eventually it will be processed.

[chryl&jhn 0]

You also need to determine if iit better for you to be treated as a non-resident alien or if you want to elect to be treated as a resident alien for tax purposes (because I assume you fail the resident alien tests) ... The answer depends on individual facts and circumstances so the answer is not the same for everyone.

I am not sure what you mean by the resident alien tests? We have not taken any test yet. We just sent our I-485 and his I-765, in Oct of 2007. He went for his Biometrics appt and we have not heard anything as of yet. So this is why I am wondering if we can file as resident and joint.

[TracyTN 237]

The 'tests' fwaguy is speaking of have to do with filing taxes (and, as he said, whether or not your spouse would be treated as a resident or non-resident for tax purposes) - not immigration.

If you're this confused by the process, I think I'd use a CPA this year to help you get your taxes filed.

Edited February 15, 2008 by TracyTN

[desert_fox 32]

The 'tests' fwaguy is speaking of have to do with filing taxes (and, as he said, whether or not your spouse would be treated as a resident or non-resident for tax purposes) - not immigration.

If you're this confused by the process, I think I'd use a CPA this year to help you get your taxes filed.

A CPA shouldn't fcost you more than $250 per hour for something you could probably do by reading the forms and the available publications on the IRS site.

[one_day_at_a_time 0]

I moved down and married last Oct-07 and even though I have not yet received a Green Card, we considered me a resident for tax purposes and filed married joint for the best return.

Please review these IRS Publications:

http://www.irs.gov/publications/p54/ch01.html#d0e1278

http://www.irs.gov/publications/p519/ch01.html#d0e1628

We took our time, reviewed these publications, input information in TurboTax, called the IRS Help Line a number of times on specific topics and in the end got a nice little chunk of change

Nonresident Spouse Treated as a Resident

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

Good Luck!