2009 Tax Returns

[tom&tata 2]

Just one more question, what if we file online without the letter or hubby files as single?

Your husband is USC? If he is married as of 12/31/08, he cannot file single. He can file married filing separately or HoH if his situation allows.

[payxibka 10,047]

Just one more question, what if we file online without the letter or hubby files as single?

Your husband is USC? If he is married as of 12/31/08, he cannot file single. He can file married filing separately or HoH if his situation allows.

just to add... Married Filing Separate and Single have essentially the same tax rates.

[SupportOAFJF 0]

What are the circumstances where u can file HoH instead of married filing separate ?

[payxibka 10,047]

What are the circumstances where u can file HoH instead of married filing separate ?

If you have a non-resident alien spouse, you can be considered unmarried for tax purposes and you can file HOH if and only if you have an otherwise qualifying dependant .

Edited January 26, 2009 by payxibka

[Isaac and Pia 0]

Just one more question, what if we file online without the letter or hubby files as single?

http://www.irs.gov/pub/irs-pdf/p501.pdf

LOOK ON PAGE 2

BELOW What’s New for 2009

Reminders...

Taxpayer identification number for aliens.

Also Page 7 describes how to LEGALLY file single and still claim Head of Household exemption if this applies to you.

Hope this is what you need and helps you out

Good Luck and God Bless

[rin and john 71]

Just one more question, what if we file online without the letter or hubby files as single?

You will most likely cost yourselves alot of money doing this. The tax rate for MFJ is much better than MFS (although HOH is closer to MFJ).

Another consideration is the tax stimulus from 2008. When were you married? What was your husband's filing status for 2007? Did you both get the tax stimulus last year? If not, by filing MFJ with valid SSN for you, you may receive an additional $600.

[Smallz 0]

Just one more question, what if we file online without the letter or hubby files as single?

You will most likely cost yourselves alot of money doing this. The tax rate for MFJ is much better than MFS (although HOH is closer to MFJ).

Another consideration is the tax stimulus from 2008. When were you married? What was your husband's filing status for 2007? Did you both get the tax stimulus last year? If not, by filing MFJ with valid SSN for you, you may receive an additional $600.

I came in July and we got married in August 2008, in 2007 he was filing as single and got the tax stimulus check.

[rin and john 71]

Just one more question, what if we file online without the letter or hubby files as single?

You will most likely cost yourselves alot of money doing this. The tax rate for MFJ is much better than MFS (although HOH is closer to MFJ).

Another consideration is the tax stimulus from 2008. When were you married? What was your husband's filing status for 2007? Did you both get the tax stimulus last year? If not, by filing MFJ with valid SSN for you, you may receive an additional $600.

I came in July and we got married in August 2008, in 2007 he was filing as single and got the tax stimulus check.

When you file this year (for tax year 2008) you will be eligible for an additional rebate for you (another $600 if you meet the requirements). There are limits on income and you must have a SSN.

See here:

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

[Smallz 0]

wow, thanks

[Nich-Nick 3,354]

I like TurboTax. I buy the software, but I did try the online for grins. I went through the online version a couple of weeks ago to check out if the Basic (cheapest) version would deal with the alien issues. It did.

Smallz...it asks you questions to guide you through the process. Tax Preparation people will charge you a lot of money.

What is your name?

Are you a USC?

Were you married on Dec 31, 2008?

What is your spouses's name?

Is your spouse a USC?

Did you have income?( Not exact quotes, but things like that)

As you answer questions, it will drill down to things it needs to know about your return. Be sure and call yourself Resident alien if you intend to make that election. It will then ask when you entered the US. What country you lived in. How long in that country.

Filing electronically means the program (whether loaded on your computer or an online version) will zap your return electronically to the IRS. The other option is printing the results on paper and mailing it. Since the software can't create your statement about the alien status, you have to mail a paper return this year. Don't forget that worldwide income for both spouses has to be included. So if you worked abroad, you have to come up with what you earned in all of 2008, converted to US dollars, and put that amount in when it asks if you had wages. It will get around to asking you the right questions to exclude the foreign income because you will qualify. So you show that foreign income, but then take it all back off and aren't taxed on it.

[Susita 175]

So what do you do if you e-filed already and didn't know any of this lol

[Nich-Nick 3,354]

You can file an amended return. If you get more money back, they'll issue you an additional payment. There's another couple of threads in this section where we talked about taxes last week or so.

This one http://www.visajourney.com/forums/index.php?showtopic=170514

Edited January 27, 2009 by Nich-Nick

[ginger1981 0]

Ok, I'm really confused. I'm using Turbo Tax to file our return...my husband came here on a k-1 visa in June 2008. He worked for Marks & Spencer until about June 1, 2008. We filed the AOS, and he got his green card this past december. The part I'm having a hard time understanding is the Bona-Fide residency. Even though he has no intention of returning permanently to the UK, does he still need to be checked off as a Bona-Fide resident.

Also, he paid income tax when he lived there but he of course is no longer employed by M&S so he doesn't pay income tax any longer. When Turbo Tax asks "Is Nicholas Required To Pay Income Tax To The Country Where Bona Fide Residency Is Claimed" does this mean is he currently paying in income tax, or has he paid in any income tax at all?

If anyone has any advice to give I'd appreciate your help!

[Nich-Nick 3,354]

I think this is to determine if the income earned at M&S can be excluded from US taxes. It can, but answering the questions does get confusing. Right now I think you answer the questions as if he were at M&S all year and don't get muddled by his future intentions. Yes he was a bonafide resident of the UK and paid taxes to the UK. I think somewhere along the line you put a date his bonafide residency ended which is June.

What they are working toward is say he earned US equivalent dollars of $10,000 at M&S and paid taxes while he was a bonafide resident of the UK. He was bonafide resident because he had a residency there, is a UK citizen, and he lived there 330 days of the 12 months prior to June 08. He has to be a bonafide resident to exclude the M&S $10k.

These laws and questions get complicated because the same thing would be asked of a US citizen who might have been on assignment in the UK. So they have to establish if that USC really lived in the UK or was just there 3 months, more like a temp visitor. That's why the questions to determine if a person is a bonafide resident. For your husband, he was a real bonafide resident of the UK.

I don't remember exactly how it went when I was doing the online TurboTax and I didn't register or save it. I still havent bought a copy or started my real return. BUT I think where you are now is the drill down part to determine if he is able to exclude the UK income. So you say yes he was bonafide, but they keep asking questions to make sure he meets all the requirements. A person could claim to have lived and worked in the UK with a residence, but he didn't pay taxes to the UK because he was getting paid by an American company. Aha, they say...then you can't deduct those earnings. Very complicated because it tries to fit too many scenarios onto one form.

[ginger1981 0]

I think this is to determine if the income earned at M&S can be excluded from US taxes. It can, but answering the questions does get confusing. Right now I think you answer the questions as if he were at M&S all year and don't get muddled by his future intentions. Yes he was a bonafide resident of the UK and paid taxes to the UK. I think somewhere along the line you put a date his bonafide residency ended which is June.

What they are working toward is say he earned US equivalent dollars of $10,000 at M&S and paid taxes while he was a bonafide resident of the UK. He was bonafide resident because he had a residency there, is a UK citizen, and he lived there 330 days of the 12 months prior to June 08. He has to be a bonafide resident to exclude the M&S $10k.

These laws and questions get complicated because the same thing would be asked of a US citizen who might have been on assignment in the UK. So they have to establish if that USC really lived in the UK or was just there 3 months, more like a temp visitor. That's why the questions to determine if a person is a bonafide resident. For your husband, he was a real bonafide resident of the UK.

Thanks for your help!

I don't remember exactly how it went when I was doing the online TurboTax and I didn't register or save it. I still havent bought a copy or started my real return. BUT I think where you are now is the drill down part to determine if he is able to exclude the UK income. So you say yes he was bonafide, but they keep asking questions to make sure he meets all the requirements. A person could claim to have lived and worked in the UK with a residence, but he didn't pay taxes to the UK because he was getting paid by an American company. Aha, they say...then you can't deduct those earnings. Very complicated because it tries to fit too many scenarios onto one form.

I think I worked it out...I agree they are fitting too many scenarios into one form. Then again I imagine it is difficult to cover all scenarios on their end, although this is likely relatively common. I felt some of the questions were ambiguous..such as the income tax question. To me the way it was worded seemed like they were asking if he has ever income tax in the UK....but what they seem to be getting at is "is he still paying income tax in the UK."

I look forward to next years taxes...they should be a breeze compared to this year!

Edited January 27, 2009 by ginger1981