Income Tax filing newly married

[lucyrich 20]

If so, which would be quicker - her filing SSN or ITIN? I've read posts about ITIN taking up to 4 months which is right around the April filing deadlines for income tax purposes.

I don't know which is faster, but I'll point out that, in some sense, the ITIN delay doesn't matter so much. If you go the ITIN route, you don't need to write the ITIN on the return itself. You don't need to get the ITIN before April 15. You can file the request for the ITIN in the same envelope as you send the tax return. As long as you send the whole package off by April 15, you're OK. They'll assign an ITIN, use that ITIN to handle your taxes, and then send you the letter telling you what your ITIN is, so that you know it for future use.

[Craig & Julia 0]

If so, which would be quicker - her filing SSN or ITIN? I've read posts about ITIN taking up to 4 months which is right around the April filing deadlines for income tax purposes.

I don't know which is faster, but I'll point out that, in some sense, the ITIN delay doesn't matter so much. If you go the ITIN route, you don't need to write the ITIN on the return itself. You don't need to get the ITIN before April 15. You can file the request for the ITIN in the same envelope as you send the tax return. As long as you send the whole package off by April 15, you're OK. They'll assign an ITIN, use that ITIN to handle your taxes, and then send you the letter telling you what your ITIN is, so that you know it for future use.

This might be a silly question but why get a ITIN instead of a Social Security Number? Wife already had one from a few years ago, but she said it took under 2 weeks to get.

[Jack and Barbara 0]

If so, which would be quicker - her filing SSN or ITIN? I've read posts about ITIN taking up to 4 months which is right around the April filing deadlines for income tax purposes.

I don't know which is faster, but I'll point out that, in some sense, the ITIN delay doesn't matter so much. If you go the ITIN route, you don't need to write the ITIN on the return itself. You don't need to get the ITIN before April 15. You can file the request for the ITIN in the same envelope as you send the tax return. As long as you send the whole package off by April 15, you're OK. They'll assign an ITIN, use that ITIN to handle your taxes, and then send you the letter telling you what your ITIN is, so that you know it for future use.

Thanks for the advice. I did not know you can file the ITIN concurrently with the income tax return. If we didn't file the ITIN, would the IRS come up with a ITIN number for her or would that be an issue?

My wife has not worked yet since she arrived and I believe it does nto matter whether she gets an ITIN or SSN for filing oncome tax return purposes, correct?

If this is the case, I might still and try to take her to the SSN office today with (hopefully) the required documents based off of the SSA.gov website (I-94, driver's license or passport, etc) to apply for the card, since she would need to get the SSN at some point anyways.

In a somewhat related question, when we file jointly, would she be considered my dependent (i.e. she has no income)? This is related to a in-state tuition question whereby she is eligible for univcersity in-state tuition if she would be considered a dependent of mine (kind-of vague, I know).

Please let me know if you have any other thoughts. I was planning on filing by next weekend, so if the SS card takes more than a week, I might try your idea of filing the ITIN with it.

[rin and john 71]

If so, which would be quicker - her filing SSN or ITIN? I've read posts about ITIN taking up to 4 months which is right around the April filing deadlines for income tax purposes.

I don't know which is faster, but I'll point out that, in some sense, the ITIN delay doesn't matter so much. If you go the ITIN route, you don't need to write the ITIN on the return itself. You don't need to get the ITIN before April 15. You can file the request for the ITIN in the same envelope as you send the tax return. As long as you send the whole package off by April 15, you're OK. They'll assign an ITIN, use that ITIN to handle your taxes, and then send you the letter telling you what your ITIN is, so that you know it for future use.

Thanks for the advice. I did not know you can file the ITIN concurrently with the income tax return. If we didn't file the ITIN, would the IRS come up with a ITIN number for her or would that be an issue?

My wife has not worked yet since she arrived and I believe it does nto matter whether she gets an ITIN or SSN for filing oncome tax return purposes, correct?

If this is the case, I might still and try to take her to the SSN office today with (hopefully) the required documents based off of the SSA.gov website (I-94, driver's license or passport, etc) to apply for the card, since she would need to get the SSN at some point anyways.

In a somewhat related question, when we file jointly, would she be considered my dependent (i.e. she has no income)? This is related to a in-state tuition question whereby she is eligible for univcersity in-state tuition if she would be considered a dependent of mine (kind-of vague, I know).

Please let me know if you have any other thoughts. I was planning on filing by next weekend, so if the SS card takes more than a week, I might try your idea of filing the ITIN with it.

When you file for ITIN concurrently with the 1040, it goes to a different address (where they assign the ITIN). This part took almost 10 weeks for us. They put the ITIN on your 1040 and forward it to the appropriate location. Therefore, you cannot file electronically and it will take longer to get your return.

If you have applied for EAD, your wife can get a SSN with an approved EAD. It usually takes about two weeks to receive a SSN once you submit the correct forms/paperwork to SSA (so EAD wait plus SSA wait may still be shorter than the ITIN wait).

Another thing to consider would be the Recovery Tax Rebate since your tax filing status has changed.

http://www.irs.gov/newsroom/article/0,,id=202404,00.html

http://www.irs.gov/newsroom/article/0,,id=186065,00.html

http://www.irs.gov/newsroom/article/0,,id=201641,00.html

The tax rebate required a SSN. It is also a tax rebate for TY 2008, although it was paid in 2008. That means that if your status changed during 2008, your rebate changed (thus the Recovery Tax Rebate for those who were shorted in 2008 - no correction for those who were overpaid). So having the SSN when you file will allow you to obtain the tax rebate ($600) for your spouse. With the ITIN, no $600.

[lucyrich 20]

In a somewhat related question, when we file jointly, would she be considered my dependent (i.e. she has no income)? This is related to a in-state tuition question whereby she is eligible for univcersity in-state tuition if she would be considered a dependent of mine (kind-of vague, I know).

I don't know about all the other questions you answered, but this one is easy. For tax purposes, regardless of whether you file jointly or separately, your spouse is NEVER your dependent.

See IRS pub 501 here: http://www.irs.gov/publications/p501/ar02....ublink100041821

Note where it says:

Your spouse is never considered your dependent.

Also, you can search that publication for the criteria which must be met in order to claim a dependent. A dependent must be a qualifying child or a qualifying relative. A spousal relationship doesn't count as a "qualfying relative".

You DO each get a personal exemption, and if you file jointly, the two of you get to list two personal exemptions on your joint return. In a way, to some people, this seems a bit like claiming a dependent, but in tax law terminology, a personal exemption isn't the same thing as a dependent.

[rin and john 71]

I have asked myself this same ?

I think I may have still filed single even when married in 2007

this year I got the advice to file married jointly even tho he did not work at all last year

you still can amend 2007 if you wish

Sandrila - See link. Has section on filing an amended returns and making the choice.

http://www.irs.gov/businesses/small/intern...d=96370,00.html

[Nich-Nick 3,354]

QUOTE (Jack and Barbara @ Jan 23 2009, 08:43 AM)

In a somewhat related question, when we file jointly, would she be considered my dependent (i.e. she has no income)? This is related to a in-state tuition question whereby she is eligible for univcersity in-state tuition if she would be considered a dependent of mine (kind-of vague, I know).

You should ask that question of the financial office at the University. Dependent to the IRS could have a whole different meaning to a state university's definition of dependent. They could just mean household member that your support. Marriage to a US citizen and living in the US legally, more importantly residing in that state, could be reason to get in-state tuition. I know they will have their set of residency requirements, but you could point out that you file jointly because she is considered a resident alien. Maybe some extra documentation will allow her in-state tuition.

Edited January 23, 2009 by Nich-Nick

[Jack and Barbara 0]

Great advice rin and john on the rebate - I did not know. The only reason against submitting the SSN now would be so I could file sooner, but I can wait I suppose. I read at the IRS.gov website that if the "non-resident alien" is allowed to work (i.e. the person has received the EAD), the person cannot file for ITIN. So, it seems that the SSN is the only way to go.

Thanks again lucyrich and Nich-Nick for clearing up the dependency definition and university requirements. I have talked with the university registrar's office, but it is clear to me they are unaware of exceptions within the state law (generally, foreign students are not allowed to receive in-state tuition if they bhave lived in the state for <1year). However, the law states that for in-state tuition purposes, the foreign student may be eligible for in-state tuition rates if the student can be classified for university purposes as:

"dependent student" means one who is listed as a dependent on the federal or state income tax return of his parents or legal guardian or who receives substantial financial support from his spouse, parents or legal guardian.

I believe the later part would apply to us then.

[rin and john 71]

Great advice rin and john on the rebate - I did not know. The only reason against submitting the SSN now would be so I could file sooner, but I can wait I suppose. I read at the IRS.gov website that if the "non-resident alien" is allowed to work (i.e. the person has received the EAD), the person cannot file for ITIN. So, it seems that the SSN is the only way to go.

Thanks again lucyrich and Nich-Nick for clearing up the dependency definition and university requirements. I have talked with the university registrar's office, but it is clear to me they are unaware of exceptions within the state law (generally, foreign students are not allowed to receive in-state tuition if they bhave lived in the state for <1year). However, the law states that for in-state tuition purposes, the foreign student may be eligible for in-state tuition rates if the student can be classified for university purposes as:

"dependent student" means one who is listed as a dependent on the federal or state income tax return of his parents or legal guardian or who receives substantial financial support from his spouse, parents or legal guardian.

I believe the later part would apply to us then.

Yes, once your wife is eligible for a SSN, you cannot get an ITIN. Based on your timeline, if your wife hasn't already received her EAD she should within the next few weeks. I'd wait for the SSN to get the rebate benefit.

[ArubaDolphin 0]

Hi I Have a Question

We where married since Jan 2008

and i guess is more likely to file joint?

How do we prove me as non Us still outside of US had no income in 2008

and what paperwork is needed with the filling of the taxes

and also can we do the EZ form or has to be the regular 1040 or 1040A?

HELP

THANKS

[Nich-Nick 3,354]

Hi I Have a Question

We where married since Jan 2008

and i guess is more likely to file joint?

How do we prove me as non Us still outside of US had no income in 2008

and what paperwork is needed with the filling of the taxes

and also can we do the EZ form or has to be the regular 1040 or 1040A?

HELP

THANKS

This link explains who can file 1040EZ or 1040A . It may take a while to load.

http://www.irs.gov/publications/p17/ch01.h...ublink100031884

[rin and john 71]

Hi I Have a Question

We where married since Jan 2008

and i guess is more likely to file joint?

How do we prove me as non Us still outside of US had no income in 2008

and what paperwork is needed with the filling of the taxes

and also can we do the EZ form or has to be the regular 1040 or 1040A?

HELP

THANKS

Rin did not have any income in 2006 (arrived in USA in 2007). Proof of no income? We didn't file a 2555! Suppose it would be up to the IRS to prove otherwise.

[sarah&rob 1]

I'm currently at work and as such, was not able to read the whole thread so I do apologize if this question has been asked.

Since my husband came here in Sept 08, we got married in Oct 08, and we will be filing jointly (with him reporting his UK income for up until August 08)...I know the amount he made needs to be converted to USD, but is there some "official" converter or could we just use any conversion website like xe.com? And considering the big difference in the exchange rate from now vs August, does it matter which is used?

[Nich-Nick 3,354]

I'm currently at work and as such, was not able to read the whole thread so I do apologize if this question has been asked.

Since my husband came here in Sept 08, we got married in Oct 08, and we will be filing jointly (with him reporting his UK income for up until August 08)...I know the amount he made needs to be converted to USD, but is there some "official" converter or could we just use any conversion website like xe.com? And considering the big difference in the exchange rate from now vs August, does it matter which is used?

I read the official publication and it's supposed to be figured at the time the money was earned. My husband worked through August. He looked through exchange rate histories and decided a good average for Jan-Aug is 1.95 dollars/pound so is using that number. There is no official converter. The only suggestion I have is write down your salary and your conversion figures and save with your files/notes that you keep. In case you got audited by the IRS, you could at least show an explanation of how you determined his earnings.

The IRS doesn't question much unless your return looks way out of line. I don't expect them to look twice at whatever UK income we list for Nick. If we claim to have donated $250,000 to charity, that might be something to question. Or if I married David Beckham and said he earned only 20,000 pounds, that might be questioned. They only question things that are far from the norm. But you should save copies and notes in case you are the lucky person that gets a random audit.

[sarah&rob 1]

I'm currently at work and as such, was not able to read the whole thread so I do apologize if this question has been asked.

Since my husband came here in Sept 08, we got married in Oct 08, and we will be filing jointly (with him reporting his UK income for up until August 08)...I know the amount he made needs to be converted to USD, but is there some "official" converter or could we just use any conversion website like xe.com? And considering the big difference in the exchange rate from now vs August, does it matter which is used?

I read the official publication and it's supposed to be figured at the time the money was earned. My husband worked through August. He looked through exchange rate histories and decided a good average for Jan-Aug is 1.95 dollars/pound so is using that number. There is no official converter. The only suggestion I have is write down your salary and your conversion figures and save with your files/notes that you keep. In case you got audited by the IRS, you could at least show an explanation of how you determined his earnings.

The IRS doesn't question much unless your return looks way out of line. I don't expect them to look twice at whatever UK income we list for Nick. If we claim to have donated $250,000 to charity, that might be something to question. Or if I married David Beckham and said he earned only 20,000 pounds, that might be questioned. They only question things that are far from the norm. But you should save copies and notes in case you are the lucky person that gets a random audit.

Thank you, I figured that would be the case considering the money was earned THEN and not now

We've got a meeting with a free tax prep service next Wednesday so I just wanted to make doubly sure we aren't missing anything