Income Tax filing newly married

[rin and john 71]

Hey guys,

I'd like to get to grips with some of this myself, I've read through 519. Can you guys suggest any others that I should be looking out for?

Thanks

Perhaps pub 54. And familiarize yourself with form 2555 or 2555EZ if you had foreign income prior to moving to the USA. Also, read up on the recovery rebate (you'll need your SSN first, but you should qualify for up $600 in rebate if you file MFJ with your spouse).

[rin and john 71]

I am so glad you mentioned that. When I started reading tax documents a few weeks ago, I thought to myself "This information is a misprint." I saw that chart and felt like whoever did the chart goofed up.

To Cecile--The rebate comes in on Line 70 of the 1040. But maybe H&R Block have a problem in their software. If it's online, it should be up to date. If purchased, maybe you could check for updates??

It is online. We will take a look again when Bryan comes back from work. Maybe there is something that we did wrong (although I doubt it) I will let you know after we check.

Cecile - Do you have a SSN? If no SSN, then no rebate.

[Liam and Sam 2]

Can anyone tell me if you need to fill out a special exemption form if you choose not to include your spouse on your taxes this year? I've put my husband as an exemption as he has earned no US income, is no one else's dependent, and will not be filing a tax return for 2008. I just want to make sure that I don't need to fill out a different special form stating that he is not filing this year... I looked at Form 8843 but it seems like it's only for teachers, students, athletes etc..

[mansur23 0]

Hy I got marry last october and I end up overstaying and we just start to do the AOS now (we din`t sent the paper yet ).We went to do the Tax retuning and the lady told my husband that he should put my name in the tax retuning too.and we explaning her the I was overstaying here ,but she told us that we should put my name anyways .I do have a Social security number .Do you think we gonna have a problem ??If anybody know anything let me know .THanks !!!!

[rin and john 71]

Can anyone tell me if you need to fill out a special exemption form if you choose not to include your spouse on your taxes this year? I've put my husband as an exemption as he has earned no US income, is no one else's dependent, and will not be filing a tax return for 2008. I just want to make sure that I don't need to fill out a different special form stating that he is not filing this year... I looked at Form 8843 but it seems like it's only for teachers, students, athletes etc..

How did you include your husband as an exemption? He can only be on the form when you file MFJ, he cannot be listed as a dependent. If you did file MFJ, then he has filed (since MFJ is both of you filing). Did he have foreign income? Filing MFJ will most likely reduce your tax burden. Additionally, if you wait to file until he has his SSN, then he can receive the Recovery Tax Rebate (up to $600) if he didn't receive it last year.

[Liam and Sam 2]

Can anyone tell me if you need to fill out a special exemption form if you choose not to include your spouse on your taxes this year? I've put my husband as an exemption as he has earned no US income, is no one else's dependent, and will not be filing a tax return for 2008. I just want to make sure that I don't need to fill out a different special form stating that he is not filing this year... I looked at Form 8843 but it seems like it's only for teachers, students, athletes etc..

How did you include your husband as an exemption? He can only be on the form when you file MFJ, he cannot be listed as a dependent. If you did file MFJ, then he has filed (since MFJ is both of you filing). Did he have foreign income? Filing MFJ will most likely reduce your tax burden. Additionally, if you wait to file until he has his SSN, then he can receive the Recovery Tax Rebate (up to $600) if he didn't receive it last year.

From what I read, you are allowed to put your husband as an exemption (not a dependent - they are two different things) as long as they meet 3 criteria. It was too complicated to have us file joint and I'd rather exclude his overseas income because the exclusion amount calculated wouldn't cover his foreign income. So it was more beneficial for us to do separate. Still though, I just want to make sure he doesn't have to do a special form saying he was exempt from taxes for 2008...

[Cecile and Bryan 0]

I am so glad you mentioned that. When I started reading tax documents a few weeks ago, I thought to myself "This information is a misprint." I saw that chart and felt like whoever did the chart goofed up.

To Cecile--The rebate comes in on Line 70 of the 1040. But maybe H&R Block have a problem in their software. If it's online, it should be up to date. If purchased, maybe you could check for updates??

It is online. We will take a look again when Bryan comes back from work. Maybe there is something that we did wrong (although I doubt it) I will let you know after we check.

Cecile - Do you have a SSN? If no SSN, then no rebate.

yes I do.

[rin and john 71]

Can anyone tell me if you need to fill out a special exemption form if you choose not to include your spouse on your taxes this year? I've put my husband as an exemption as he has earned no US income, is no one else's dependent, and will not be filing a tax return for 2008. I just want to make sure that I don't need to fill out a different special form stating that he is not filing this year... I looked at Form 8843 but it seems like it's only for teachers, students, athletes etc..

How did you include your husband as an exemption? He can only be on the form when you file MFJ, he cannot be listed as a dependent. If you did file MFJ, then he has filed (since MFJ is both of you filing). Did he have foreign income? Filing MFJ will most likely reduce your tax burden. Additionally, if you wait to file until he has his SSN, then he can receive the Recovery Tax Rebate (up to $600) if he didn't receive it last year.

From what I read, you are allowed to put your husband as an exemption (not a dependent - they are two different things) as long as they meet 3 criteria. It was too complicated to have us file joint and I'd rather exclude his overseas income because the exclusion amount calculated wouldn't cover his foreign income. So it was more beneficial for us to do separate. Still though, I just want to make sure he doesn't have to do a special form saying he was exempt from taxes for 2008...

Reading the instructions for form 8843, it appears to be to exclude days of presence to get to a lower number (so as to not meet the 183 days of presence that would make the USA a nonresident alien's "tax home"). So it would basically be to avoid being considered as a resident. Your husband was not in the USA more than 183 days, so the form would not apply (this would impact athletes, students, teachers, etc. who come here to work, but don't really "reside" in the USA).

[Nich-Nick 3,354]

We tried to use TaxCut yesterday (I believe it's tax cut, the online software of H&R Block) and it would not let me claim my foreign income for form 1040 because it asks the information of an American W2, with the EIN of the company, etc. Of course my former French employer does not have an EIN. So I am wondering if we really have to fill out everything manually and can't use any software. We just wanted to fill out the form with the software and then print them, not e-file.

Also, when we tried to claim the $600 rebate for me (we said my husband got $600, I got $0) it ended up telling us that we were supposed to receive $600 and that our credit is $0. Weird...

Cecile--I did a run through last night of TaxCut online..the free basic version without registering or paying the extra $5 for help files...can't remember exactly what that charge was they ask if I wanted.

Well I absolutely HATED it. It was so annoying that if you left one blank empty, you couldn't proceed. I started just making up employer numbers and anything to fill in a blank to get on with it. So with the complications of this tax return year, I would highly reccommend TurboTax Basic, the software you install. You can create multiple returns just by "saving as" and then changing up things to create different options. Like you can do a return as married filing separately or another married filing joint. Using "save as" and pick a name for the file like "NichSeparate" and then go take out the resident alien's info. You don't lose the other version and you don't have to start over entering your info again. I guess with online, you could start a new file with a different user name, but would be starting from scratch putting it all in again.

Okay, back to annoying TaxCut. It did the foreign income totally different. I did it like TurboTax and created a W2 for Nick (resident alien). Just to get it to go on, I made up an employers number. In the end, it somehow got that info elsewhere because I recognized from the high figures that it was counting the foreign income twice. So I went back and deleted that W2 I did at the beginning. TaxCut did ask all the questions about the foreign income exclusion and the Rebate Recovery credit and in the end, my tax and refund were exactly to the dollar the same as my TurboTax return. It allowed Nick's $600. But the online free version was not user friendly. You couldn't look at any of the forms, only answer the interview questions. I was completely lost several times so somebody not real familiar with taxes could totally screw up using that version. Maybe if you pay some money, you get a better version online. When it was looking like I would owe $6000, I knew that was wrong and that's when I went back to try to figure out where it was getting that. That's when I figured out the foreign income had gotten in the system twice, but only excluded once.

If anybody is going to attempt a return on their own this year, just spend the 30 bucks on TurboTax software. If you have a lot of itemized deductions, mortgage interest, medical expenses and donations, then maybe you would want the extra help on that with the next level up. I take the standard deduction, so the Basic is enough for me.

[Liam and Sam 2]

Can anyone tell me if you need to fill out a special exemption form if you choose not to include your spouse on your taxes this year? I've put my husband as an exemption as he has earned no US income, is no one else's dependent, and will not be filing a tax return for 2008. I just want to make sure that I don't need to fill out a different special form stating that he is not filing this year... I looked at Form 8843 but it seems like it's only for teachers, students, athletes etc..

How did you include your husband as an exemption? He can only be on the form when you file MFJ, he cannot be listed as a dependent. If you did file MFJ, then he has filed (since MFJ is both of you filing). Did he have foreign income? Filing MFJ will most likely reduce your tax burden. Additionally, if you wait to file until he has his SSN, then he can receive the Recovery Tax Rebate (up to $600) if he didn't receive it last year.

From what I read, you are allowed to put your husband as an exemption (not a dependent - they are two different things) as long as they meet 3 criteria. It was too complicated to have us file joint and I'd rather exclude his overseas income because the exclusion amount calculated wouldn't cover his foreign income. So it was more beneficial for us to do separate. Still though, I just want to make sure he doesn't have to do a special form saying he was exempt from taxes for 2008...

Reading the instructions for form 8843, it appears to be to exclude days of presence to get to a lower number (so as to not meet the 183 days of presence that would make the USA a nonresident alien's "tax home"). So it would basically be to avoid being considered as a resident. Your husband was not in the USA more than 183 days, so the form would not apply (this would impact athletes, students, teachers, etc. who come here to work, but don't really "reside" in the USA).

Thank you for clarifying!! I just put a note in with my return saying that my husband had no income for US tax purposes in 2008, not any other taxpayer's dependent and that I'd be taking him as an exemption. I haven't found any information stating that he has to file any other paperwork so we'll just leave it as is and send in my MFS return only. Crossing my fingers that this is right! Next year will be so much easier..

[rin and john 71]

We tried to use TaxCut yesterday (I believe it's tax cut, the online software of H&R Block) and it would not let me claim my foreign income for form 1040 because it asks the information of an American W2, with the EIN of the company, etc. Of course my former French employer does not have an EIN. So I am wondering if we really have to fill out everything manually and can't use any software. We just wanted to fill out the form with the software and then print them, not e-file.

Also, when we tried to claim the $600 rebate for me (we said my husband got $600, I got $0) it ended up telling us that we were supposed to receive $600 and that our credit is $0. Weird...

Cecile--I did a run through last night of TaxCut online..the free basic version without registering or paying the extra $5 for help files...can't remember exactly what that charge was they ask if I wanted.

Well I absolutely HATED it. It was so annoying that if you left one blank empty, you couldn't proceed. I started just making up employer numbers and anything to fill in a blank to get on with it. So with the complications of this tax return year, I would highly reccommend TurboTax Basic, the software you install. You can create multiple returns just by "saving as" and then changing up things to create different options. Like you can do a return as married filing separately or another married filing joint. Using "save as" and pick a name for the file like "NichSeparate" and then go take out the resident alien's info. You don't lose the other version and you don't have to start over entering your info again. I guess with online, you could start a new file with a different user name, but would be starting from scratch putting it all in again.

Okay, back to annoying TaxCut. It did the foreign income totally different. I did it like TurboTax and created a W2 for Nick (resident alien). Just to get it to go on, I made up an employers number. In the end, it somehow got that info elsewhere because I recognized from the high figures that it was counting the foreign income twice. So I went back and deleted that W2 I did at the beginning. TaxCut did ask all the questions about the foreign income exclusion and the Rebate Recovery credit and in the end, my tax and refund were exactly to the dollar the same as my TurboTax return. It allowed Nick's $600. But the online free version was not user friendly. You couldn't look at any of the forms, only answer the interview questions. I was completely lost several times so somebody not real familiar with taxes could totally screw up using that version. Maybe if you pay some money, you get a better version online. When it was looking like I would owe $6000, I knew that was wrong and that's when I went back to try to figure out where it was getting that. That's when I figured out the foreign income had gotten in the system twice, but only excluded once.

If anybody is going to attempt a return on their own this year, just spend the 30 bucks on TurboTax software. If you have a lot of itemized deductions, mortgage interest, medical expenses and donations, then maybe you would want the extra help on that with the next level up. I take the standard deduction, so the Basic is enough for me.

I am with you on this one. I have tried the online version in the past with lots of errors. I like to run alot of "what ifs" and the downloaded versions for $30 to $40 allow you to make minor changes and save the various cases. I have two daughters from my first marriage (one - 19 yo - in university, one - 21 yo - living with me) and the total family tax burden changes whether they are my dependents, my ex-wife's dependents, or filing on their own. My ex and I agree on very little, but we can agree on not letting the IRS get more than their fair share!

[Cecile and Bryan 0]

We tried to use TaxCut yesterday (I believe it's tax cut, the online software of H&R Block) and it would not let me claim my foreign income for form 1040 because it asks the information of an American W2, with the EIN of the company, etc. Of course my former French employer does not have an EIN. So I am wondering if we really have to fill out everything manually and can't use any software. We just wanted to fill out the form with the software and then print them, not e-file.

Also, when we tried to claim the $600 rebate for me (we said my husband got $600, I got $0) it ended up telling us that we were supposed to receive $600 and that our credit is $0. Weird...

Cecile--I did a run through last night of TaxCut online..the free basic version without registering or paying the extra $5 for help files...can't remember exactly what that charge was they ask if I wanted.

Well I absolutely HATED it. It was so annoying that if you left one blank empty, you couldn't proceed. I started just making up employer numbers and anything to fill in a blank to get on with it. So with the complications of this tax return year, I would highly reccommend TurboTax Basic, the software you install. You can create multiple returns just by "saving as" and then changing up things to create different options. Like you can do a return as married filing separately or another married filing joint. Using "save as" and pick a name for the file like "NichSeparate" and then go take out the resident alien's info. You don't lose the other version and you don't have to start over entering your info again. I guess with online, you could start a new file with a different user name, but would be starting from scratch putting it all in again.

Okay, back to annoying TaxCut. It did the foreign income totally different. I did it like TurboTax and created a W2 for Nick (resident alien). Just to get it to go on, I made up an employers number. In the end, it somehow got that info elsewhere because I recognized from the high figures that it was counting the foreign income twice. So I went back and deleted that W2 I did at the beginning. TaxCut did ask all the questions about the foreign income exclusion and the Rebate Recovery credit and in the end, my tax and refund were exactly to the dollar the same as my TurboTax return. It allowed Nick's $600. But the online free version was not user friendly. You couldn't look at any of the forms, only answer the interview questions. I was completely lost several times so somebody not real familiar with taxes could totally screw up using that version. Maybe if you pay some money, you get a better version online. When it was looking like I would owe $6000, I knew that was wrong and that's when I went back to try to figure out where it was getting that. That's when I figured out the foreign income had gotten in the system twice, but only excluded once.

If anybody is going to attempt a return on their own this year, just spend the 30 bucks on TurboTax software. If you have a lot of itemized deductions, mortgage interest, medical expenses and donations, then maybe you would want the extra help on that with the next level up. I take the standard deduction, so the Basic is enough for me.

Thanks, this is helpful. I find it strange to that in TaxCut you can't see the forms. We have not tried to use it yesterday evening because we were not at home, but I think you are right, maybe we just need a different software!

[Nich-Nick 3,354]

Thanks, this is helpful. I find it strange to that in TaxCut you can't see the forms. We have not tried to use it yesterday evening because we were not at home, but I think you are right, maybe we just need a different software!

I'm not sure what you were using--online or installed. If you bought software to install, it's got to be better with help files and going to a forms view. I only looked at the online free TaxCut and it was very difficult and most annoying was having to have every "i" dotted and "t" crossed before you could move to the next screen. I prefer being able to move through it and at the end, the program can do a check and tell me if I left some blanks it thinks I should fill in. If you bought it, then it will do the return because it did mine to the exact dollar amounts that I had come up with in TurboTax. Just work with it if you've already spent money. Don't enter a W2 in the beginning for the foreign income. See if it picks up on that under foreign income topic. I actually don't think I could have done the return on TaxCut online had I not already had some data from TurboTax.

Examples: How much income do you want to exclude? Hmmm...I was hoping it would tell me what was allowed.

How many days are you excluding? Turbotax knew that from the dates I had entered before. It said 273, but it was like TaxCut wanted me to get out a calendar and count it up myself.

[mrsartis 10]

Thank you for posting this and i really appreciate every help we can get.. Im sure myproblem is somehow the same as yours. I got here in August but before that i was working.. and filing in the philippines is being done by the accountants or the HR (which i am ) i just get a form every april that says IM GOOD, I HAVE PAID TAXES.. but the problem is.. im not sure where is that form anymore and i really have no idea on how was my taxes computed last year let alone how much was my earned income...

how then can we file ours? we tried tax act which giving us a very sweet amount, but we are not sure.. my father in law who was a retired IRS agent said we have to delcare my earnings in 2008 from January to July... but where will i get the figure?

thank you so much in advance.

-MIcah

[fuzzycuffs 0]

Stumbled across this thread, and it is full of great information. I'm still a bit confused, though.

SO and I got married in November of 2008 in Japan

I'm back in the US (US Citizen), she's still in Japan, and isn't going to be coming to the US

I'm moving to Japan later this year (2009)

She hasn't lived in the US since 2007, where she had an SSN but it was with a student visa (temporary)

So, when I'm filing for taxes, it sounds like I need to file married (of course), but can I use her old SSN? Do I need to still fill out any extra forms?

Thanks!

Edited February 3, 2009 by fuzzycuffs