SO FRUSTRATED WITH TAXES :(:(:(

[kcmetzy 0]

My husband and I were married summer '06.

I have always done my own taxes up until we were married. After we were married, I figured we should go to a professional tax preparer since I figured it would be tricky with him being Canadian. I decided to put my trust in H&R Block.

Here is the problem. My husband had an H2B visas from 2000-2004 and was given a social security number. On his social security card it says "for work purposes only." My husband returned home in 2004 and has not lived or worked in the U.S.A since, but we still have his social security card and an unexpired TX drivers license.

The tax preparer at H&R block filed us as married filing jointly and DID NOT claim my husband's Canadian income. My husband paid his taxes in Canada in 2006 and I paid my taxes here. The tax guy told me that since he did not work in the United States he would not be taxed in the U.S. I (clueless at times) thought that sounded about right. He said as long as he has a social security number and identification, we can file this way.

I'm thinking that we have somehow committed fraud (obviously unintentional) to get a larger tax return, since we were only taxed on my income in the U.S. I have NO idea how to fix this. We have already filed our taxes the same way for 2007 with the same guy at H&R block. Our interview is in like 40 something days and I'm afraid he will think we have committed a CIMT against the government.

Although I do not feel like this is our fault. I told the preparer everything and trusted in him to prepare our taxes correctly. It even says on their website:

Our Standard Guarantee is included in every tax return. If penalties or interest charges are owed due to H&R Block's error, H&R Block will pay those penalties and interest on federal, state and local returns. If the IRS audits you, an H&R Block representative will assist in answering questions regarding the preparation of your return (not as a legal representative).

What are they going to say about our taxes at the interview?

[trailmix 77]

I wouldn't worry about the fraud - I don't think it's an issue.

I would high tail it back to H&R block and have them send in an amended return, if Mr. tax preparer that you have dealt with can't handle it, he needs to get someone to help him and set it right.

That way you can take your amended return with you to the interview

Edited March 7, 2008 by trailmix

[kcmetzy 0]

I wouldn't worry about the fraud - I don't think it's an issue.

I would high tail it back to H&R block and have them send in an amended return, if Mr. tax preparer that you have dealt with can't handle it, he needs to get someone to help him and set it right.

That way you can take your amended return with you to the interview

Thanks, trailmix.

I feel like I'm always on pins and needles..about to do something wrong and mess up immigration. I am so incredibly tired of this!!!

I'll call H&R block tomorrow, although I have lost faith in them doing it right.

[kcmetzy 0]

I was told by the IRS to file a 1040-X along with a statement. The statement allows me to file for my husband as a resident alien. Since he will be considered a resident alien we will be taxed on world wide income. We are also supposed to file form 1116 which is a Foreign Tax Credit, I'm guessing so we aren't double taxed?

I'm really wanting to send in this amendment myself, I don't want to put his immigration in jeapardy because I'm relying on HR Block to do it right. I would like feedback as to if what I mentioned earlier sounds like the right thing to do. I did tell the HR Block tax preparer what I "thought" we should do and he said that I could call the IRS 3 different times and get 3 different answers. At this point, I'm questioning whether or not I have been given proper information by the IRS.

ANY advice is appreciated..

Zyggy, I know you are very very knowledgable about taxes and I would love to hear from you!

Edited March 7, 2008 by kcmetzy

[Flames9_RN 358]

Dont see him on here that much, send him a PM