Tax Return Clarification

[Brian&Mel 0]

If your non-US spouse has never been required to file taxes with the IRS you do NOT need an ITIN.

You file married filing seperately and put "Non Resident Alien" where it asks for spouse's name, and leave the SSN field for them blank.

(1) Filing jointly has the advantage of lowering your taxes (think in terms of two people making the same income as one, the effect is to put you into a lower tax bracket. Also remember the "Stimulus payment" which is going out later in the year is based on how you file. If you make $75,000 as an individual OR $150,000 as a married couple, then you will get the full amount of $600/individual or $1200 for a couple.) To me it is well worth my while to go through this process.

(2) Filing jointly shows "commingled accounts" and could be part of showing a real marriage

(3) If filling jointly, all filers must have a tax ID. For a US Citizen or alien with PR status that is their social security number. For a resident or non-resident alien that is their individual taxpayers identification number (ITIN)

(4) If the spouse does not have a ITIN, then an IRS Form W7 [ http://www.irs.gov/pub/irs-pdf/fw7.pdf ] needs to be filed with the tax tern (electronic filing is not possible) IF the non-resident alien uses a passport to substantiate their alien status, then a copy of (first pages I am assuming i.e. those that show citizenship) must be provided and these pages must be authenticated. If the spouses country of residence is not a signature of the Hague Convention [ http://hcch.e-vision.nl/index_en.php?act=c...ties&cid=41 ] this authentication must be conducted at the US Embassy

At least this is my understanding and what I'm doing

cheers, Brian

Edited February 18, 2008 by Brian&Mel

[carterlovej 0]

If your non-US spouse has never been required to file taxes with the IRS you do NOT need an ITIN.

You file married filing seperately and put "Non Resident Alien" where it asks for spouse's name, and leave the SSN field for them blank.

(1) Filing jointly has the advantage of lowering your taxes (think in terms of two people making the same income as one, the effect is to put you into a lower tax bracket. Also remember the "Stimulus payment" which is going out later in the year is based on how you file. If you make $75,000 as an individual OR $150,000 as a married couple, then you will get the full amount of $600/individual or $1200 for a couple.) To me it is well worth my while to go through this process.

(2) Filing jointly shows "commingled accounts" and could be part of showing a real marriage

(3) If filling jointly, all filers must have a tax ID. For a US Citizen or alien with PR status that is their social security number. For a resident or non-resident alien that is their individual taxpayers identification number (ITIN)

(4) If the spouse does not have a ITIN, then an IRS Form W7 [ http://www.irs.gov/pub/irs-pdf/fw7.pdf ] needs to be filed with the tax tern (electronic filing is not possible) IF the non-resident alien uses a passport to substantiate their alien status, then a copy of (first pages I am assuming i.e. those that show citizenship) must be provided and these pages must be authenticated. If the spouses country of residence is not a signature of the Hague Convention [ http://hcch.e-vision.nl/index_en.php?act=c...ties&cid=41 ] this authentication must be conducted at the US Embassy

At least this is my understanding and what I'm doing

cheers, Brian

Brian, that is my understanding too. But my CPA told me last week that when you choose to file joint, you are declaring a non-resident alien a registered alien (for tax purposes only). This means you do not get the benefits of the tax treaty and must report and pay taxes on worldwide income.

That being said, I will be filing "married filing separately" and entering "NRA" in my spouse's social security number space. At least I'll get the married Stimulus Payment!

[Micky - Sabri 0]

i did the filing jointly this year and had to do a w7 also. that gives my husband a tax id number, then when he gets it will amendmed my taxes for this year and 2006, got a hold lot more money back too

[Brian&Mel 0]

Hey guys.

I just came back from the US Embassy in Kuala Lumpur, Malaysia to notorized my passport. It was a breeze...took me about half an hour only.

For those who are going to notorized your passport, make sure you bring your W7 form along as they will need it. Not sure about other country, but the one in KL doesn't even require copies of my passport. They made the copies themselves.

It cost me $30 for the notorized copy. Don't sign the W7 form unless you are asked to.

Hope this helps. Good luck guys!

Mel

[abajaj 0]

I called the IRS today and they told me to file as married jointly and put my wife as non-resident alien. also complete form W-7.

One thing i forgot to ask was do i file form 1040EZ or form 1040. does anyone know? Please let me know.

Thanks and good luck to everyone!

avneesh

Hey guys.

I just came back from the US Embassy in Kuala Lumpur, Malaysia to notorized my passport. It was a breeze...took me about half an hour only.

For those who are going to notorized your passport, make sure you bring your W7 form along as they will need it. Not sure about other country, but the one in KL doesn't even require copies of my passport. They made the copies themselves.

It cost me $30 for the notorized copy. Don't sign the W7 form unless you are asked to.

Hope this helps. Good luck guys!

Mel

[Nutty 2]

If you were married in year 2007 and yet your wife was living in India, you may still be able to get her an ITIN number from the IRS. Use the form W-7 from the IRS website.

Call the IRS and speak tell them you want to detemine whether she a NON-RESIDENT ALIEN. They will give you a series of questions to which you must answer YES or NO only.

Then if you have determined that your wife qualifies as non-resident alien, fill out the W-7 form (your wife must sign it, date it and give her local India telephone #).

* One point to remember: Your wife will need to declare her income on your taxes (if she has an income).

Fill out the 1040 - Filing status: married filing jointly. Do the math. List your name and SS# number. List your wifes name and leave her SS# section blank. Attach the completed/signed W-7 form to the 1040 and mail it to a special address given on the W-7 instructions.

The IRS will assign your wife an ITIN number and put it on your 1040.

[MoonlitCherri 0]

If you are a US citizen married to a non-alien resident and file jointly, thus filing W-7--you will NOT get the stimulus payment.

If you would like the stimulus payment file married separately. I had to talk to quite a few tax specialist to get this information out of them.

[Chris Parker 11]

if you 1040 and yes you file as married

you nee form w-7 to file to get ITIN number

then you can file as married, but you can chose to file single if u want

If you are married at the end of the tax year, must file either jointly married (electing to be treated as U.S. resident all year), or you can file married separately. You cannot file single if you are married at the end of the tax year. If you file married separately, the non-USC would have to file as dual status if required to file. ITIN is only if non-USC is ineligible for a SSN, and you must apply for the ITIN at the same time as filing the return.

[Chris Parker 11]

I filed single because it is easier. I plan to ammend it later when my wife gets her SS#.

As a general rule, you should never file a tax return that you anticipate to amending later. Amended returns are only for corrections.

You should file your return with a completed W-7 to claim her as a spouse and they will issue her an ITIN until she has a SS#.

[payxibka 10,045]

I filed single because it is easier. I plan to ammend it later when my wife gets her SS#.

As a general rule, you should never file a tax return that you anticipate to amending later. Amended returns are only for corrections.

You should file your return with a completed W-7 to claim her as a spouse and they will issue her an ITIN until she has a SS#.

You are better to file an extension than to file a knowingly erroneous tax return. I am sure your explanation of "oops I didn't know I was married" will raise a few eyebrows.

[Nutty 2]

Tax rebate checks 2007...

The amount being rebated to you could increase if you file married/jointly rather than single.

Plus, you may get a better refund if you file jointly versus single on the 1040.

Edited February 29, 2008 by Nutty

[Nutty 2]

ITIN Number is for tax purposes only.

It is form W-7 on the IRS website.

You need to read the instructions carefully. Read them three times.

[Chris Parker 11]

IF the non-resident alien uses a passport to substantiate their alien status, then a copy of (first pages I am assuming i.e. those that show citizenship) must be provided and these pages must be authenticated. If the spouses country of residence is not a signature of the Hague Convention [ http://hcch.e-vision.nl/index_en.php?act=c...ties&cid=41 ] this authentication must be conducted at the US Embassy

IRS doesn't have such rigid requirements actually. Documents submitted are accepted at face value without validating their authenticity with

issuing agencies. A normal certified copy (such as a notarized copy) is sufficient.

http://www.irs.gov/individuals/article/0,,...html#acceptable

[Chris Parker 11]

You are better to file an extension than to file a knowingly erroneous tax return. I am sure your explanation of "oops I didn't know I was married" will raise a few eyebrows.

Agreed.

Also, the point that the stimulus payment will not be given if a joint return includes an ITIN for one of the spouses was well made. While you could get the stiumus payment next year as a tax credit if you both have SSN's then, if the SSN will be coming shortly, delaying filing could be a better option this year.

[MoonlitCherri 0]

You are better to file an extension than to file a knowingly erroneous tax return. I am sure your explanation of "oops I didn't know I was married" will raise a few eyebrows.

Agreed.

Also, the point that the stimulus payment will not be given if a joint return includes an ITIN for one of the spouses was well made. While you could get the stiumus payment next year as a tax credit if you both have SSN's then, if the SSN will be coming shortly, delaying filing could be a better option this year.

Doesn't your other half need to have a SS number by 2007 year end to claim the payment?...thus defeating the purpose of delaying. If not I think I can wait til October to get another $600. And you won't be able to claim the tax credit next year. Its a one time deal-as I understand. Please let me know if I'm wrong.