Filing joint 2008 taxes???

[payxibka 10,045]

Here's one for you. My wife and I were married in the U.S. in 2008. So, we have to file as married. However, she lived in the U.S. for almost two years, she already has a SSN, but her income was never taxed while she was in the U.S. She did work as an Au Pair, which for some reason their income is not taxed by the government. (probably because of the little money that they actually get paid, its like slave labor, but thats another story). So, if I file jointly, she does have a SSN, but we are still in the immigration process. Will they expect an income tax return from her as well?

That is what a joint tax return accomplishes... One return, two SSN's, credited as a return submitted by both

[malaikabab 0]

Could someone post an example of sworn statement. I will be filing married jointly.

Thanks.

[cassi9879 20]

hniHnitsuJ --

Research Request Response

RE: Stimulus & ITIN

This advice was prepared based on our understanding of the tax law in effect at the time it was written as it

applies to the facts that you provided. Any change or addition to those facts could materially and adversely

affect our analysis and conclusions, and in that event the analysis should not be relied upon. This advice was

not written, and cannot be used, for the purposes of avoiding penalties that may be imposed on the taxpayer by

the IRS.

Summary of Request

Should a taxpayer who is married to a spouse with an ITIN (filing MFJ) file their return now or seek an extension

in order to receive the recovery rebate credit when the spouse gets their SSN?

Response

The determination of when to file should be made by the taxpayer based on all of the facts and circumstances of

their case. The taxpayer for example could have a large refund amount that would not be available to them if

they waited to file just to get an additional $600-1200 on their refund.

The taxpayer could file now and amend the return once the spouse has a valid SSN to claim the recovery rebate

credit.

References

Instructions for Form 1040-X http://www.irs.gov/pub/irs-pdf/i1040x.pdf

Instructions for Form 1040 http://www.irs.gov/pub/irs-pdf/i1040.pdf

Edited February 11, 2009 by cassi9879

[ArubaDolphin 0]

My husband is the USC and I am In Aruba

We are planing to File Jointly

and send the W-7 with it

I have a notirized copy of my passport, do I need other documentation

and also can we file a 1040A or 1040EZ or it has to be a 1040

I have no income in Aruba

HELP

THANK YOU

[Em4oAndKrisi 0]

Is anyone thinking of filing joint taxes for 2008?

My husband is still in Russia but I'm in US.

Do you know what documents I'd need? W7?

Thanks!

I filed jointly with my spouse. You should refer to IRS Publication 519, which can be found at http://www.irs.gov/pub/irs-pdf/p519.pdf. See page 10, "Nonresident Treated as a Resident." Once you have taken a look at the information, I also recommend calling the general IRS helpline (it's on www.irs.gov) and they will direct you to the specific people who handle tax returns of the nature you will be filing and who would be happy to answer any specific questions you have. Just call soon as I imagine that they will get quite busy the closer it gets toward April 15th.

I would note that you and your spouse must make an affirmative election for the nonUS spouse to be treated as a nonresident alien (just type up a statement using the magic words from the publication on the same page under "How to Make the Election", nothing fancy). Such an election creates tax implications such as your spouse being taxed on his worldwide income and having an obligation to file US tax returns that might not have existed before for your spouse. This election would just be included along with your normal 1040. There is also a different address your 1040 must be sent to which I believe is in the instructions to the W-7.

Several of the commentators have mentioned that filing jointly saved them a lot on their taxes in comparison to filing married, filing separately. Such was true in my situation and would be true for many other couples. However, whether filing "married filing jointly" as opposed to filing "married filing separately" will increase or decrease your tax liability is dependent upon your personal situation. I'm just saying run the numbers and don't take it on faith that it will save you money.

Can someone post an example of that declaration mentioned on page 10 of publication 519?

Thank you!

[yumi20 0]

Where should I notarize my Passport,Marriage Cert and Birth Cert? Should I need to go to US Embassy Manila?

Do you have guidelines how to get an ITIN? pls help.

[honestlyspkng 0]

Hello All;'

Thhis is FANTASTIC!!!!!!!

I am sure you all konow how much my head hurts until I found this info. One question though. I am doing the 2555ez to exclude her income, which is little compared to the limit, and of course the letter of choice that requests she be treated as a resident for tax purposes, but on the 2555 it asks for the dates her bona fide foreign residence began and ENDED? What should I use for an ending date since she is still not here??

Thanks a bunch

[vareska 3]

Ok I am not sure if I am reading this right, so help me clarify please...

I am the USC, my husband never lived here, he has not worked in 2008 hence he has no income to report.

If we want to file married jointly, do I need to obtain the ITIN first, THEN send that with W7, 1040 form and my W2, plus his certified passport, OR do I just send my tax return with all of the named documents together prior to the April 15 deadline and IRS will handle assigning ITIN at that time?

Your help is very much appreciated.

It is already end of February and I have not started working on taxes, so I am freaking out!

Thanks!

Edited February 26, 2009 by vareska

[rin and john 71]

Ok I am not sure if I am reading this right, so help me clarify please...

I am the USC, my husband never lived here, he has not worked in 2008 hence he has no income to report.

If we want to file married jointly, do I need to obtain the ITIN first, THEN send that with W7, 1040 form and my W2, plus his certified passport, OR do I just send my tax return with all of the named documents together prior to the April 15 deadline and IRS will handle assigning ITIN at that time?

Your help is very much appreciated.

It is already end of February and I have not started working on taxes, so I am freaking out!

Thanks!

Vareska - The W7 is the form to request the ITIN. You will send the W7, your 1040, your W2, and a certified copy of his passport to the address listed on the W7 (varies depending on your state of residence).

http://www.irs.gov/pub/irs-pdf/fw7.pdf

In addition, once your husband arrives and receives his SSN, file an amended return (1040X) to claim the "recovery rebate" of $600 for him.

http://www.irs.gov/app/picklist/list/forms...eria=formNumber

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

Edited February 26, 2009 by rin and john

[dane 0]

Is anyone thinking of filing joint taxes for 2008?

My husband is still in Russia but I'm in US.

Do you know what documents I'd need? W7?

Thanks!

go to H&R block, and ask to file married filing jointly, they will ask you for a copy of your husbands foreign passport, and it must be a notarized copy of the the original. simply get it notarized at any public notary. and bring a copy of your NOA.

you will mail the application to the IRS TIN center.

i already did this, i got my notice that my wife has her Tax id number. i saved a lot of money doing thi, and it shows a intermingling of financial assets for her interview.

dont listen to people that say that your spouse has no legal standing in the US, their legal standing is that they are legally married to a US citizen, as far as i know marriage is not only an american institution.

PS: this is applicable if you were married anywhere as long as your marriage was legal! my wife and i were married in india

Edited February 26, 2009 by dane