2007 tax question

[Melissa1 0]

My husband and I just got back from doing our taxes. He does not have his greencard yet so from my understanding we needed a statement agreeing for him to file as a resident for tax purposes. My tax lady said this statement is not necessary though but Im thinking she iis wrong. So can someone tell me if I'm right here? And also, he's to claim world wide income?? Is this just what he may have made in the U.S. or also what he made back in Canada last year??

Sorry I'm not so good with the tax stuff so any help would be greatly appreciated!!

[malego77 2]

My husband and I just got back from doing our taxes. He does not have his greencard yet so from my understanding we needed a statement agreeing for him to file as a resident for tax purposes. My tax lady said this statement is not necessary though but Im thinking she iis wrong. So can someone tell me if I'm right here? And also, he's to claim world wide income?? Is this just what he may have made in the U.S. or also what he made back in Canada last year??

Sorry I'm not so good with the tax stuff so any help would be greatly appreciated!!

We filed together and I didn't need more than my SSN.

[journeyman 0]

All you need is the TaxId if you don't you hav an SSN.

Regarding WW Income, it is only for USC unless he's claiming deductions on the foreign loans.

[Melissa1 0]

All you need is the TaxId if you don't you hav an SSN.

Regarding WW Income, it is only for USC unless he's claiming deductions on the foreign loans.

He has a SSN, so does that mean that we do not need to include the statement even though he is a non resident alien and we are filing jointly? And he does not have to do anything with the income he made in Canada at the beginning of 2007?

[Chris/Ghel 0]

I filed our taxes recently. All I put down was her SSN. She didn't have any income from the states, so no W2 and therefore no income (even tho she worked as a nurse overseas.) No need for the statement. I claimed her as a dependant similar to how you would claim a new baby. Just go to a tax office that will back you up if you are audited. I wouldn't worry about any income that he had BEFORE he had a SSN. According to the government, you don't exist until you have a SSN anyway.

[Melissa1 0]

I filed our taxes recently. All I put down was her SSN. She didn't have any income from the states, so no W2 and therefore no income (even tho she worked as a nurse overseas.) No need for the statement. I claimed her as a dependant similar to how you would claim a new baby. Just go to a tax office that will back you up if you are audited. I wouldn't worry about any income that he had BEFORE he had a SSN. According to the government, you don't exist until you have a SSN anyway.

Since I have income and he does not does that automatically make him a dependent? I'm so sorry, I'm awful with this stuff.

[Ivelina_Andrew 0]

I think that he needs to file his taxes in Canada - for the income he made in the beginning of 2007.

That is what I will have to do in my country.

[metals95 1]

My understanding of Canadian Tax law is that if you live in Canada for more than 1/2 a year, you are responsible to report all of your world income for that entire year in Canada. I had to pay Canadian taxes for the first year that I was in the US up until the day I left approximately middle of march. So for me I only had to report income until that day. You might want to look it up at Revenue Canada http://www.cra-arc.gc.ca/menu-e.html

sorry to be the bearer of bad news.

[desert_fox 32]

I filed our taxes recently. All I put down was her SSN. She didn't have any income from the states, so no W2 and therefore no income (even tho she worked as a nurse overseas.) No need for the statement. I claimed her as a dependant similar to how you would claim a new baby. Just go to a tax office that will back you up if you are audited. I wouldn't worry about any income that he had BEFORE he had a SSN. According to the government, you don't exist until you have a SSN anyway.

First off, a spouse is NOT a dependent like a baby. If you file jointly, you both get an exemption. This is not being a dependent.

Secondly, if she filed as a resident alien, she must report all world wide income, if though no tax may be due.

[Dave and Helena 0]

I filed our taxes recently. All I put down was her SSN. She didn't have any income from the states, so no W2 and therefore no income (even tho she worked as a nurse overseas.) No need for the statement. I claimed her as a dependant similar to how you would claim a new baby. Just go to a tax office that will back you up if you are audited. I wouldn't worry about any income that he had BEFORE he had a SSN. According to the government, you don't exist until you have a SSN anyway.

First off, a spouse is NOT a dependent like a baby. If you file jointly, you both get an exemption. This is not being a dependent.

Secondly, if she filed as a resident alien, she must report all world wide income, if though no tax may be due.

When are you considered a resident alien? When you get your permanent residency (green card) or when you apply for adjustment of status?

[Ivelina_Andrew 0]

I have previously filed in the USA as a non resident alien.

In US as well as in Bulgaria to be considered resident alien for TAX PURPOSES you need to have spent more than 180 days in that country. This is not the same as the immigration status. That is why I believ a lot of countries require you to not spend more than 180 days when you are entering just as a tourist. That is what I found out when I was researching for my taxes.

[payxibka 10,045]

When are you considered a resident alien? When you get your permanent residency (green card) or when you apply for adjustment of status?

The confusing and sometimes incorrect answers that have been provided in this thread is a pretty good reason why you don't seek tax advice on an immigration message board (eventhough there may be many here qualified to answer the questions, it is difficult to sift through all the noise)...

FWIW, an alien is considered a resident alien for tax purposes if they "pass" one of two tests... 1) Greencard test - If the alien held a GC at anytime during the tax year they are considered a resident alien... If not then you must look to the 2) substantial presence test... You count the number of days "in-country" (using a special recipe) and if the result is greater than 183 days then you pass..... If you fail the above there is one exception that I am aware of, if you are married to a USC or a resident alien, the non resident alien spouse can declare they wish to be treated as a resident alien for tax purposes if the elect to consider all there worldwide income for the year to be treated as US based income... You do this by simply attaching a statement to the effect to your 1040.

Edited February 21, 2008 by fwaguy

[desert_fox 32]

I have previously filed in the USA as a non resident alien.

In US as well as in Bulgaria to be considered resident alien for TAX PURPOSES you need to have spent more than 180 days in that country. This is not the same as the immigration status. That is why I believ a lot of countries require you to not spend more than 180 days when you are entering just as a tourist. That is what I found out when I was researching for my taxes.

....or you can chose to be treated as a resident alien for tax purposes. There are advantages to either way. Read IRS publication 519 (I think that is correct) available on the IRS site.

[payxibka 10,045]

I have previously filed in the USA as a non resident alien.

In US as well as in Bulgaria to be considered resident alien for TAX PURPOSES you need to have spent more than 180 days in that country. This is not the same as the immigration status. That is why I believ a lot of countries require you to not spend more than 180 days when you are entering just as a tourist. That is what I found out when I was researching for my taxes.

Close... in the US it is a 183 days and the calculation actually looks beyond the current year and looks at the previous three years.... so it is not quite that simple.

[stevenw60 0]

I have previously filed in the USA as a non resident alien.

In US as well as in Bulgaria to be considered resident alien for TAX PURPOSES you need to have spent more than 180 days in that country. This is not the same as the immigration status. That is why I believ a lot of countries require you to not spend more than 180 days when you are entering just as a tourist. That is what I found out when I was researching for my taxes.

Close... in the US it is a 183 days and the calculation actually looks beyond the current year and looks at the previous three years.... so it is not quite that simple.

But they still could file Married Filing Jointly if they got married on Dec 30th 2007. At least thats how this tax site puts it:

http://www.taxhelping.com/ustaxguide.htm

Married filing jointly. Generally, you cannot file as married filing jointly if either spouse was a nonresident alien any time during the tax year.<b> However, nonresident aliens married to US citizens or residents can choose to be treated as US residents and file joint returns.</b>

Edited February 21, 2008 by stevenw60