How to file tax jointly(f1 student married to USC)

[Amy&Xin 0]

Hi, everybody,

I did some research using google, but didn't find anything very useful. I would like to give a shot here. I am currently on f1 visa, and I married to a US citizen last November. I worked as a TA/RA on campus, and last summer, I made some money on my internship, using CPT as my authorization to work. We already filed i130/i485/131/765, so we are collecting evidence to show that we indeed live together, so we would like to file tax jointly this year. But I don't know how exactly to do this, can anyone help, or point me to a source that explains this?

[payxibka 10,045]

Hi, everybody,

I did some research using google, but didn't find anything very useful. I would like to give a shot here. I am currently on f1 visa, and I married to a US citizen last November. I worked as a TA/RA on campus, and last summer, I made some money on my internship, using CPT as my authorization to work. We already filed i130/i485/131/765, so we are collecting evidence to show that we indeed live together, so we would like to file tax jointly this year. But I don't know how exactly to do this, can anyone help, or point me to a source that explains this?

In order to file jointly, you must be considered a resident alien for tax purposes.

How long have you been present in the USA? You may pass the substantial presence test to be treated as a resident alien for tax purposes if you have been in the USA for more than 183 days. If not, you can be treated as a resident alien for tax purposes by simply being the spouse of a USC (as of the end of the tax year) and taking advantage to the special election to do so.

[Amy&Xin 0]

I came to the US in August 2006, so I think i am qualified for substantial presence test. Can I just use the treaty exempt between my country and the US? Do I need to pay fica tax if we file jointly? What forms should we use?

Hi, everybody,

I did some research using google, but didn't find anything very useful. I would like to give a shot here. I am currently on f1 visa, and I married to a US citizen last November. I worked as a TA/RA on campus, and last summer, I made some money on my internship, using CPT as my authorization to work. We already filed i130/i485/131/765, so we are collecting evidence to show that we indeed live together, so we would like to file tax jointly this year. But I don't know how exactly to do this, can anyone help, or point me to a source that explains this?

In order to file jointly, you must be considered a resident alien for tax purposes.

How long have you been present in the USA? You may pass the substantial presence test to be treated as a resident alien for tax purposes if you have been in the USA for more than 183 days. If not, you can be treated as a resident alien for tax purposes by simply being the spouse of a USC (as of the end of the tax year) and taking advantage to the special election to do so.

[payxibka 10,045]

I came to the US in August 2006, so I think i am qualified for substantial presence test. Can I just use the treaty exempt between my country and the US? Do I need to pay fica tax if we file jointly? What forms should we use?

For what purpose do you wish to take advantage of the tax treaty?

[Amy&Xin 0]

There is 5000 tax exemption treaty between my country and the US for f1 students.

I came to the US in August 2006, so I think i am qualified for substantial presence test. Can I just use the treaty exempt between my country and the US? Do I need to pay fica tax if we file jointly? What forms should we use?

For what purpose do you wish to take advantage of the tax treaty?

[Eric-Pris 1,606]

It's very simple, you don't need to file any other forms. When your wife files her taxes, she can add you as her spouse on the 1040, as long as you have a valid SSN. She needs to cehck the box that says "Married filing jointly"as the filing status. She will need your W-2 from all jobs you held in 2008, and any 1099's to add together with hers as your joint income. The standard deduction will double, so you may have a smaller tax liability, depending on the incomes, and get a larger refund.

[w1331 2]

Amy&Xin,

As far as I know in order for you to be treated as US resident for tax purposes, you need to be in the US for more than 5 years. You can go to IRS website and find out if you can be treated as US resident for tax purposes or not. Since you mentioned that you've been in the US since 2006, that makes you not eligible to be treated as US resident for tax purposes

[payxibka 10,045]

Amy&Xin,

As far as I know in order for you to be treated as US resident for tax purposes, you need to be in the US for more than 5 years. You can go to IRS website and find out if you can be treated as US resident for tax purposes or not. Since you mentioned that you've been in the US since 2006, that makes you not eligible to be treated as US resident for tax purposes

This is not correct, try again.... greencard or substantial presence test (183 days of qualified residency) is what is needed to be treated as a resident alien for tax purposes. If not, by special election if you are the spouse of a USC......

[Amy&Xin 0]

hi, payxibka,

here is what I found on IRS website. It seems like I can't count the days since I am being a student here. Did I understand this correctly?

Exempt Individual

Do not count days for which you are an exempt individual. The term "exempt individual " does not refer to someone exempt from U.S. tax, but to anyone in the following categories who is exempt from counting days of presence in the U.S.:

An individual temporarily present in the United States as a foreign government-related individual

A teacher or trainee temporarily present in the United States under a "J " or "Q " visa, who substantially complies with the requirements of the visa

A student temporarily present in the United States under an "F, " "J, " "M, " or "Q " visa, who substantially complies with the requirements of the visa

A professional athlete temporarily in the United States to compete in a charitable sports event

Amy&Xin,

As far as I know in order for you to be treated as US resident for tax purposes, you need to be in the US for more than 5 years. You can go to IRS website and find out if you can be treated as US resident for tax purposes or not. Since you mentioned that you've been in the US since 2006, that makes you not eligible to be treated as US resident for tax purposes

This is not correct, try again.... greencard or substantial presence test (183 days of qualified residency) is what is needed to be treated as a resident alien for tax purposes. If not, by special election if you are the spouse of a USC......

[DI&JR 1]

Are you still a student? Check with your school's international office, they may have a tax advising workshop planned, my university has several planned in March.

[bassagitator 1]

Hi, everybody,

I did some research using google, but didn't find anything very useful. I would like to give a shot here. I am currently on f1 visa, and I married to a US citizen last November. I worked as a TA/RA on campus, and last summer, I made some money on my internship, using CPT as my authorization to work. We already filed i130/i485/131/765, so we are collecting evidence to show that we indeed live together, so we would like to file tax jointly this year. But I don't know how exactly to do this, can anyone help, or point me to a source that explains this?

In order to file jointly, you must be considered a resident alien for tax purposes.

How long have you been present in the USA? You may pass the substantial presence test to be treated as a resident alien for tax purposes if you have been in the USA for more than 183 days. If not, you can be treated as a resident alien for tax purposes by simply being the spouse of a USC (as of the end of the tax year) and taking advantage to the special election to do so.

No this is Not True. You can apply for an ITIN number

"What is an ITIN?

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. It is a nine-digit number that always begins with the number 9 and has a 7 or 8 in the fourth digit, example 9XX-7X-XXXX.

IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have U.S. tax return and payment responsibilities under the Internal Revenue Code.

Individuals must have a filing requirement and file a valid federal income tax return to receive an ITIN, unless they meet an exception"

http://www.irs.gov/individuals/article/0,,id=96287,00.html

[payxibka 10,045]

No this is Not True. You can apply for an ITIN number

"What is an ITIN?</a>

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. It is a nine-digit number that always begins with the number 9 and has a 7 or 8 in the fourth digit, example 9XX-7X-XXXX.

IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have U.S. tax return and payment responsibilities under the Internal Revenue Code.

Individuals must have a filing requirement and file a valid federal income tax return to receive an ITIN, unless they meet an exception"

<a href="http://www.irs.gov/individuals/article/0,,id=96287,00.html" target="_blank">http://www.irs.gov/individuals/article/0,,id=96287,00.html

What is not true? I did not mention ITIN anywhere in my post as it is not relevant to the OP's situation.... If she has SSN she does not qualify for ITIN. If she is not eligible for SSN then she can get an ITIN...

hi, payxibka,

here is what I found on IRS website. It seems like I can't count the days since I am being a student here. Did I understand this correctly?

Exempt Individual

Do not count days for which you are an exempt individual. The term "exempt individual " does not refer to someone exempt from U.S. tax, but to anyone in the following categories who is exempt from counting days of presence in the U.S.:

An individual temporarily present in the United States as a foreign government-related individual

A teacher or trainee temporarily present in the United States under a "J " or "Q " visa, who substantially complies with the requirements of the visa

A student temporarily present in the United States under an "F, " "J, " "M, " or "Q " visa, who substantially complies with the requirements of the visa

A professional athlete temporarily in the United States to compete in a charitable sports event

For substantial presence it is qualified days of residence...

However, by merely being a spouse of a USC you can, by special election, be considered a resident alien for tax purpsoes.. (I think Pub 519 covers this)

[Nich-Nick 3,354]

hi, payxibka,

here is what I found on IRS website. It seems like I can't count the days since I am being a student here. Did I understand this correctly?

Exempt Individual

Do not count days for which you are an exempt individual. The term "exempt individual " does not refer to someone exempt from U.S. tax, but to anyone in the following categories who is exempt from counting days of presence in the U.S.:

An individual temporarily present in the United States as a foreign government-related individual

A teacher or trainee temporarily present in the United States under a "J " or "Q " visa, who substantially complies with the requirements of the visa

A student temporarily present in the United States under an "F, " "J, " "M, " or "Q " visa, who substantially complies with the requirements of the visa

A professional athlete temporarily in the United States to compete in a charitable sports event

That does apply to you BUT you married a USC so you can throw that out because you get special privileges from the IRS.

If you do not have a green card, you can declare with a statement attached to the 1040 filing form that you both elect to treat the spouse as a resident alien for income tax purposes. You both have to sign it. Then you can file jointly. Otherwise a non resident alien can't file jointly. When you make that declaration, he is treated as a resident alien for the whole year 2008, not just the time he has been here. By making that declaration, worldwide income for the whole year 2008 must be reported for both spouses. In your case, you have no foreign income to report, but you do report any US income.

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

• A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

The statement goes at the end of your paper tax return. You can't e-file because you have to send in a statement with signatures this year. You don't have to do that again next year.

[Amy&Xin 0]

Just to clarify this, I do have a SSN, and I got it probably in Sept of 2006. I have incomes from two states in 2008.

Are you still a student? Check with your school's international office, they may have a tax advising workshop planned, my university has several planned in March.

[DI&JR 1]

Just to clarify this, I do have a SSN, and I got it probably in Sept of 2006. I have incomes from two states in 2008.

Are you still a student? Check with your school's international office, they may have a tax advising workshop planned, my university has several planned in March.

Actually, I just asked if you were still a student; our international services department doesn't permit former students to attend the tax workshops. Don't know where you got the SSN question from?