Filing joint taxes without having worked?

[TBoneTX 45,294]

Jeez, si man!

Hypothetically:

K-1 enters October 2008, marries, gets SSN, files for AOS which is still pending in 2009. Foreign income from Jan-Oct 2008 was essentially nil.

1. Married filing jointly?

2. Include request to be treated as a resident alien for 2008 tax purposes?

3. Other?

Si, man?

[thejoz 0]

Here's two recent tax threads about marriage in 2008 to an alien spouse. There's alot of discussion and information. You don't just file joint unless the wife has the green card or meets certain requirements. You have to include a statement with certain information and signatures to declare her as a resident alien for tax purposes (even if she is actually a non resident alien at this time.) Worldwide income (hers in the UK) has to be claimed, but then excluded with Form 2555. It will be to your advantage, but it's not a simple file jointly this first year. And if you have to include the statement, you can't e-file.

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

http://www.visajourney.com/forums/index.php?showtopic=174625

She hasn't had any income in over a year, so...do we still have to claim that?

She worked for about six months from Fall 06 till Early 07, quit work in the UK, came here for an extended visit, went back home, we started the immigration process, and here we are now Early 2009 and yeah.

My guess would be it was claimed if she worked this past year, but she didn't, so, we can ignore that, right?

[ArubaDolphin 0]

Husband in us, wife outside still waithng on visa

can he apply jointly and if so how and is there any other forms needed to file

[Flames9_RN 358]

Here's two recent tax threads about marriage in 2008 to an alien spouse. There's alot of discussion and information. You don't just file joint unless the wife has the green card or meets certain requirements. You have to include a statement with certain information and signatures to declare her as a resident alien for tax purposes (even if she is actually a non resident alien at this time.) Worldwide income (hers in the UK) has to be claimed, but then excluded with Form 2555. It will be to your advantage, but it's not a simple file jointly this first year. And if you have to include the statement, you can't e-file.

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

http://www.visajourney.com/forums/index.php?showtopic=174625

She hasn't had any income in over a year, so...do we still have to claim that?

She worked for about six months from Fall 06 till Early 07, quit work in the UK, came here for an extended visit, went back home, we started the immigration process, and here we are now Early 2009 and yeah.

My guess would be it was claimed if she worked this past year, but she didn't, so, we can ignore that, right?

You still file JOINTLY, even if she had no income!! Your married, so you are legally allowed to file jointly, simple as that! If you use a program like turbotax,and its asks for her W2, and since she doesn't have one, you simply don't add it!!

[rin and john 71]

Husband in us, wife outside still waithng on visa

can he apply jointly and if so how and is there any other forms needed to file

He can file "married filing jointly". Any of the wife's foreign income will also be included as income, although he will file a form 2555 that excludes foreign income (up to $87,000). He will also file a W-7 and need a statement from the wife stating that she wishes to be treated as a resident for tax purposes plus a copy of her passport notarized (we did this at the US embassy in her country). The other threads referenced a few posts back contain more detailed information on doing this.

[Nich-Nick 3,354]

She hasn't had any income in over a year, so...do we still have to claim that?

She worked for about six months from Fall 06 till Early 07, quit work in the UK, came here for an extended visit, went back home, we started the immigration process, and here we are now Early 2009 and yeah.

My guess would be it was claimed if she worked this past year, but she didn't, so, we can ignore that, right?

If no income, then you don't have any to report. Wife's income = zero and move on.

The form 2555 for foreign income exclusion is for people who had some income in 2008 before they came to the US. Most people read that you have to claim worldwide income and freak that they would have to pay US tax on their old job abroad. They fail to understand that it all gets excluded (up to $87,000) so isn't taxed at all. Claiming income and being taxed on it are two different things in this case.

[tom&tata 2]

Jeez, si man!

Hypothetically:

K-1 enters October 2008, marries, gets SSN, files for AOS which is still pending in 2009. Foreign income from Jan-Oct 2008 was essentially nil.

1. Married filing jointly?

2. Include request to be treated as a resident alien for 2008 tax purposes?

3. Other?

Si, man?

1. Yes

2. Yes

3. No - expects refund for 2008 stimulus :-)

[bayojona3231 4]

I hope this is in a suitable section of the site; feel free to move it, if not.

So my husband and I want to file jointly, and he'd like to get on with filing tonight, if possible. A quick question though: I have my EAD, but have not yet held any employment in the US. If we file now and I get a job between when we file and April 15th, does that have any affect on that tax return? Or will I just have to include that on next year's return? And has anyone ever been audited and had problems with immigration because of it? (We don't expect an audit any more than anyone else, but in case that were to happen.)

I've never had to file a tax return before - good old PAYE system working all that out for me in the UK Any help appreciated.

Yes, you are to file a joint return with your husband even though you have NOT worked nor earned a penny in the USA. My wife has her EAD too and she just got a job this month and we are filing jointly for 2008 even though she had no income in 2008. I am an accountant in the state of CA. I do taxes for a living besides other things that I DO.Filing a joint return with your hubby is the way to go as long as you are legally married. Have a great day.

[thejoz 0]

I hope this is in a suitable section of the site; feel free to move it, if not.

So my husband and I want to file jointly, and he'd like to get on with filing tonight, if possible. A quick question though: I have my EAD, but have not yet held any employment in the US. If we file now and I get a job between when we file and April 15th, does that have any affect on that tax return? Or will I just have to include that on next year's return? And has anyone ever been audited and had problems with immigration because of it? (We don't expect an audit any more than anyone else, but in case that were to happen.)

I've never had to file a tax return before - good old PAYE system working all that out for me in the UK Any help appreciated.

Yes, you are to file a joint return with your husband even though you have NOT worked nor earned a penny in the USA. My wife has her EAD too and she just got a job this month and we are filing jointly for 2008 even though she had no income in 2008. I am an accountant in the state of CA. I do taxes for a living besides other things that I DO.Filing a joint return with your hubby is the way to go as long as you are legally married. Have a great day.

Quick question then, since you claim to have some expert knowledge here;

What is the deal with this so-called statement about being claimed as a resident for tax purposes?

Only one person in this thread has mentioned anything about it, but nobody else has. Everyone else has basically said "Just do it".

I'd hate to get in trouble for not doing something right, but on the other hand, mail filing is a pain in the #### and I'd rather e-file if I really can.

If you can provide any more information on this front it would really be appreciated!

[Slightly Bonkers 0]

Should check out the links posted above, there are already some very detailed conversations on how to do this, including how and why to request to be treated as a resident.

[Flames9_RN 358]

go check IRS.gov and do the research. Just because one has NO income in 2008 doesn't mean you don't file jointly!

as well you can phone them and ask them the question directly.

[boohbah 0]

what should the statement look like, exactly? i read what information should be put down, but i don't know how it should be written. if someone can write out an example i would appreciate it! im not good at writing statements without seeing a good example of what it should look like! thanks

[tom&tata 2]

Making the choice. You should attach a statement signed by both spouses to your joint return for the year of the choice. The statement must contain the following information:

A declaration that you both qualify to make the choice and that you choose to be treated as U.S. residents for the entire tax year.

The name, address, and taxpayer identification number (SSN or ITIN) of each spouse. (If one spouse died, include the name and address of the person who makes the choice for the deceased spouse.)

You generally make this choice when you file your joint return. However, you also can make the choice by filing Form 1040X, Amended U.S. Individual Income Tax Return. Attach Form 1040, Form 1040A, or Form 1040EZ and print “Amended” across the top of the corrected return. If you make the choice with an amended return, you and your spouse must also amend any returns that you may have filed after the year for which you made the choice.

from this publication

http://www.irs.gov/publications/p519/ch01.html#d0e1603

[tom&tata 2]

I hope this is in a suitable section of the site; feel free to move it, if not.

So my husband and I want to file jointly, and he'd like to get on with filing tonight, if possible. A quick question though: I have my EAD, but have not yet held any employment in the US. If we file now and I get a job between when we file and April 15th, does that have any affect on that tax return? Or will I just have to include that on next year's return? And has anyone ever been audited and had problems with immigration because of it? (We don't expect an audit any more than anyone else, but in case that were to happen.)

I've never had to file a tax return before - good old PAYE system working all that out for me in the UK Any help appreciated.

Yes, you are to file a joint return with your husband even though you have NOT worked nor earned a penny in the USA. My wife has her EAD too and she just got a job this month and we are filing jointly for 2008 even though she had no income in 2008. I am an accountant in the state of CA. I do taxes for a living besides other things that I DO.Filing a joint return with your hubby is the way to go as long as you are legally married. Have a great day.

Quick question then, since you claim to have some expert knowledge here;

What is the deal with this so-called statement about being claimed as a resident for tax purposes?

Only one person in this thread has mentioned anything about it, but nobody else has. Everyone else has basically said "Just do it".

I'd hate to get in trouble for not doing something right, but on the other hand, mail filing is a pain in the #### and I'd rather e-file if I really can.

If you can provide any more information on this front it would really be appreciated!

The statement is when the spouse does not meet the physical presence test OR the greencard test - the statement is about opting to be treated as resident for tax purposes. If you meet either test, you don't need to opt to be treated as resident because you are already resident - for tax purpose.

[thejoz 0]

The statement is when the spouse does not meet the physical presence test OR the greencard test - the statement is about opting to be treated as resident for tax purposes. If you meet either test, you don't need to opt to be treated as resident because you are already resident - for tax purpose.

Is there a part on the IRS site where it says that? If it's there, I think I missed it...