Tax return

[jasminelily 1]

Hello everyone,

I'm not filing yet, but I'm just wondering something about tax filing. Me and USC husband married on Nov 2006. We weren't sure how to file joint tax, so we listened to our accountant friend, he said since we were single for 10 months in 2006, that means majority of the year we were single, plus my husband owes student loan so his tax return money got intercepted to pay off his loan debt, the accountant said if we file jointly, they might take my tax return money as well to pay for his debt, it was better for us if we file single because I can get my tax money back, so when we file tax for year 2006, we each filed single. Then we filed joint married for 2007, and we planned to filed joint married for 2008 and 2009 as well. I'll be eligible to file on January 2010 for citizenship, the requirement ask for 3 years tax return, but it doesn't say if it has to be married joint filing. My dilemma is by January 2010, I will have single tax return transcript for me and husband on year 2006, married joint tax transcript on year 2007 and 2008. I could wait for married joint tax transcript for year 2009, but even if we file right away once we got the W2 on 2010, the 2009 tax transcript won't be available till June 2010 because it just takes IRS that much time to process .

What do you guys think I should do?

Option (1) File citizenship on Jan 2010 with single tax 2006, married joint tax 2007 and 2008. And by the time they ask me for interview on June/July 2010, (processing time for N400 is usually 5 to 6 months) I should have the married joint tax transcript 2009 on hand to show USCIS. But it's such a gamble, they might send me RFE.

Option (2) Wait until June 2010 with year 2007, 2008, 2009 marired joint tax return transcripts on hand, then file for citizenship. It's safer but I don't want to wait any longer, the journey is such a drag.

Could someone has similar experience please kindly give me some advice? Or any other opinions are welcome, I won't get mad even at any criticism on my stupidity for filing single 2006. I just don't know what to do. PLEASE HELP ME!!!

[Old Dominion 26]

First, in 2010 you can provide a copy of your actual tax return, not a transcript. Otherwise, you seem to be OK because of the number of years you filed tax returns. It is not required by USCIS that they be joint returns for all years or maybe even no years. They want evidence that as a legal resident, you have been paying your taxes

[Italian_in_NYC 259]

Your accountant is a VERY bad accountant.

Even if you get married on Dec 31, you can file your tax return as married. (same thing if you have a kid, you'd better pop it out by Dec 31 to get the full deduction LOL )

Secondly, student loans don't have anything to do with it, unless you take on the financial responsibility with the bank.

In the tax return you might be able to deduct interest paid on student loans up to $2,500/year.

Most of the time, it makes sense to file married-joint. Your tax liability would be lower in most cases.

[Jasman0717 9]

Your accountant is a VERY bad accountant.

[jasminelily 1]

Your accountant is a VERY bad accountant.

Even if you get married on Dec 31, you can file your tax return as married. (same thing if you have a kid, you'd better pop it out by Dec 31 to get the full deduction LOL )

Secondly, student loans don't have anything to do with it, unless you take on the financial responsibility with the bank.

In the tax return you might be able to deduct interest paid on student loans up to $2,500/year.

Most of the time, it makes sense to file married-joint. Your tax liability would be lower in most cases.

Well... he's just a friend, we just asked him for advice, not exactly we're paying him for doing our tax.

haha... pop out a kid on Dec 31st, that's sounds very good, and funny, I might just do that next year!

So do you think Option 1 or 2?

Thanks in advance!

[moonhunt 1]

Hello everyone,

I'm not filing yet, but I'm just wondering something about tax filing. Me and USC husband married on Nov 2006. We weren't sure how to file joint tax, so we listened to our accountant friend, he said since we were single for 10 months in 2006, that means majority of the year we were single, plus my husband owes student loan so his tax return money got intercepted to pay off his loan debt, the accountant said if we file jointly, they might take my tax return money as well to pay for his debt, it was better for us if we file single because I can get my tax money back, so when we file tax for year 2006, we each filed single. Then we filed joint married for 2007, and we planned to filed joint married for 2008 and 2009 as well. I'll be eligible to file on January 2010 for citizenship, the requirement ask for 3 years tax return, but it doesn't say if it has to be married joint filing. My dilemma is by January 2010, I will have single tax return transcript for me and husband on year 2006, married joint tax transcript on year 2007 and 2008. I could wait for married joint tax transcript for year 2009, but even if we file right away once we got the W2 on 2010, the 2009 tax transcript won't be available till June 2010 because it just takes IRS that much time to process .

Tax filing status will be determined by your status as of 12/31 of that tax year.

So technically for tax year 2006, you should have filed as either married jointly, or married separately.

You can not file as "single" if you married as of 12/31 of that year.

It is clearly stated in 1040 instructions.

It may be considered as partial resident for state tax return purpose, but for federal tax return, it is the status from 12/31 of that year.

Also, tax return transcript will be available as soon as IRS enter your tax return information into their computer system.

So if you ask for tax return transcript after getting tax refund, you can get it.

But if you want tax account transcript, it is different story. It is the result of IRS audit, so you have to wait for a couple of months.

Normally USCIS ask for tax return transcript, so you should be fine with Tax Year 2009 when you apply for N400 in 2010.

What do you guys think I should do?

Option (1) File citizenship on Jan 2010 with single tax 2006, married joint tax 2007 and 2008. And by the time they ask me for interview on June/July 2010, (processing time for N400 is usually 5 to 6 months) I should have the married joint tax transcript 2009 on hand to show USCIS. But it's such a gamble, they might send me RFE.

Option (2) Wait until June 2010 with year 2007, 2008, 2009 marired joint tax return transcripts on hand, then file for citizenship. It's safer but I don't want to wait any longer, the journey is such a drag.

Could someone has similar experience please kindly give me some advice? Or any other opinions are welcome, I won't get mad even at any criticism on my stupidity for filing single 2006. I just don't know what to do. PLEASE HELP ME!!!

Option (3). File Tax year 2006 ammended return to correct your filing status.

Option (4). Complete Tax Return on 2010 Feb for Tax Year 2009, then get the tax return transcript for Interview. Or bring the copy of your tax return filed for Tax Year 2009.

P.S. Don't recommend your CPA friend for anybody.

Edited February 13, 2009 by moonhunt

[Italian_in_NYC 259]

File your 2009 tax return the earliest you can in 2010 and send 07, 08 and 09.

Is it even required to attach tax return with the N-400?

I thought we just needed to bring them at the interview...

[cookiee 0]

Is it even required to attach tax return with the N-400?

I thought we just needed to bring them at the interview...

if you apply citizenship based on marriage, it is required to attach tax returns for last three years

[Italian_in_NYC 259]

Any new transfers?

We're still at VSC as of noon today.

Is it even required to attach tax return with the N-400?

I thought we just needed to bring them at the interview...

if you apply citizenship based on marriage, it is required to attach tax returns for last three years

I really thought we needed to bring them at the interview.

The N-400 instructions are not so clear, they say all you need to attach is the photographs and the copy of your green card.

Anyways, I will attach them just in case.

Are copies of tax returns fine or do they want tax transcripts from IRS? They're kind of pain in the a$$ to get...

[cookiee 0]

Document Checklist for Form N-400, Application for Naturalization

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

Documents referring to you and your spouse:

• Tax returns, bank accounts, leases, mortgages, or birth certificates of children, or
• Internal Revenue Service (IRS) - certified copies of the income tax forms that you both filed for the past three years, or
• An IRS tax return transcript for the last three years.

Edited February 13, 2009 by cookiee

[jasminelily 1]

Hello everyone,

I'm not filing yet, but I'm just wondering something about tax filing. Me and USC husband married on Nov 2006. We weren't sure how to file joint tax, so we listened to our accountant friend, he said since we were single for 10 months in 2006, that means majority of the year we were single, plus my husband owes student loan so his tax return money got intercepted to pay off his loan debt, the accountant said if we file jointly, they might take my tax return money as well to pay for his debt, it was better for us if we file single because I can get my tax money back, so when we file tax for year 2006, we each filed single. Then we filed joint married for 2007, and we planned to filed joint married for 2008 and 2009 as well. I'll be eligible to file on January 2010 for citizenship, the requirement ask for 3 years tax return, but it doesn't say if it has to be married joint filing. My dilemma is by January 2010, I will have single tax return transcript for me and husband on year 2006, married joint tax transcript on year 2007 and 2008. I could wait for married joint tax transcript for year 2009, but even if we file right away once we got the W2 on 2010, the 2009 tax transcript won't be available till June 2010 because it just takes IRS that much time to process .

Tax filing status will be determined by your status as of 12/31 of that tax year.

So technically for tax year 2006, you should have filed as either married jointly, or married separately.

You can not file as "single" if you married as of 12/31 of that year.

It is clearly stated in 1040 instructions.

It may be considered as partial resident for state tax return purpose, but for federal tax return, it is the status from 12/31 of that year.

Also, tax return transcript will be available as soon as IRS enter your tax return information into their computer system.

So if you ask for tax return transcript after getting tax refund, you can get it.

But if you want tax account transcript, it is different story. It is the result of IRS audit, so you have to wait for a couple of months.

Normally USCIS ask for tax return transcript, so you should be fine with Tax Year 2009 when you apply for N400 in 2010.

What do you guys think I should do?

Option (1) File citizenship on Jan 2010 with single tax 2006, married joint tax 2007 and 2008. And by the time they ask me for interview on June/July 2010, (processing time for N400 is usually 5 to 6 months) I should have the married joint tax transcript 2009 on hand to show USCIS. But it's such a gamble, they might send me RFE.

Option (2) Wait until June 2010 with year 2007, 2008, 2009 marired joint tax return transcripts on hand, then file for citizenship. It's safer but I don't want to wait any longer, the journey is such a drag.

Could someone has similar experience please kindly give me some advice? Or any other opinions are welcome, I won't get mad even at any criticism on my stupidity for filing single 2006. I just don't know what to do. PLEASE HELP ME!!!

Option (3). File Tax year 2006 ammended return to correct your filing status.

Option (4). Complete Tax Return on 2010 Feb for Tax Year 2009, then get the tax return transcript for Interview. Or bring the copy of your tax return filed for Tax Year 2009.

P.S. Don't recommend your CPA friend for anybody.

Moonhunt, Thank you sincerely for your reply!

Now I feel better knowing the tax return transcript doesn't take 6 months to process. You know I was mixed up the difference between the tax return/account transcript. I think I'll do my 2009 tax return on Feb 2010, then I'll request the return transcript, then I'll file for citizenship by the end of Feburary. It's safer to have everything ready when file. One month is an acceptable wait for me, but not 6 months as I originally thought.

Thank you kindly for everyone's input! You guys and gals sure are awesome bunch!

[NickD 202]

USCIS loves to see joint tax returns, especially those with the IRS supplied label on them. And yep, you could have been married December 31, at 11:59 PM and claimed a full years deduction, but in your case, an exemption.

In reality, you are responsible for your spouses debts, if you stay married, those debts take away from the family budget, but may not be responsible for those previous debts if you get a divorce.

May be a benefit for further tax deductions by filing a joint return, not sure in your case, in ours, we could not claim tuition expenses for my wife's daughter if we filed singly, but all this information is available in the Form 1040 book, we can get those free from our local library or our state job service in town. Or can be downloaded from the net if you don't mind buying your own paper and cartridges.

The IRS is like the USCIS, you have to search for information. But they will tell you if you are wrong after you sent the forms in.

[jasminelily 1]

USCIS loves to see joint tax returns, especially those with the IRS supplied label on them. And yep, you could have been married December 31, at 11:59 PM and claimed a full years deduction, but in your case, an exemption.

In reality, you are responsible for your spouses debts, if you stay married, those debts take away from the family budget, but may not be responsible for those previous debts if you get a divorce.

May be a benefit for further tax deductions by filing a joint return, not sure in your case, in ours, we could not claim tuition expenses for my wife's daughter if we filed singly, but all this information is available in the Form 1040 book, we can get those free from our local library or our state job service in town. Or can be downloaded from the net if you don't mind buying your own paper and cartridges.

The IRS is like the USCIS, you have to search for information. But they will tell you if you are wrong after you sent the forms in.

Actually, since I live in Texas, it's a community property state. That means if the debt is acquired before one is married, the other half is not responsible for that debt even after you're married, it's called "injured spouse claim and allocation", we have to filed form 8379 every year with our joint marriage tax return to prevent IRS thinking I'm responsible for my husband debt, I just found that out last year because the student loan company always intercept my husband income tax return and stimulus rebate payment, and when we filed joint married, they took my part of the $600 stimulus rebate too. Then we filed form 8379, the student loan company had to return that money to the IRS, then the IRS issued the rebate on my part of the money and let that loan company kept my husband's half.

http://www.irs.gov/pub/irs-pdf/f8379.pdf

[NickD 202]

USCIS loves to see joint tax returns, especially those with the IRS supplied label on them. And yep, you could have been married December 31, at 11:59 PM and claimed a full years deduction, but in your case, an exemption.

In reality, you are responsible for your spouses debts, if you stay married, those debts take away from the family budget, but may not be responsible for those previous debts if you get a divorce.

May be a benefit for further tax deductions by filing a joint return, not sure in your case, in ours, we could not claim tuition expenses for my wife's daughter if we filed singly, but all this information is available in the Form 1040 book, we can get those free from our local library or our state job service in town. Or can be downloaded from the net if you don't mind buying your own paper and cartridges.

The IRS is like the USCIS, you have to search for information. But they will tell you if you are wrong after you sent the forms in.

Actually, since I live in Texas, it's a community property state. That means if the debt is acquired before one is married, the other half is not responsible for that debt even after you're married, it's called "injured spouse claim and allocation", we have to filed form 8379 every year with our joint marriage tax return to prevent IRS thinking I'm responsible for my husband debt, I just found that out last year because the student loan company always intercept my husband income tax return and stimulus rebate payment, and when we filed joint married, they took my part of the $600 stimulus rebate too. Then we filed form 8379, the student loan company had to return that money to the IRS, then the IRS issued the rebate on my part of the money and let that loan company kept my husband's half.

http://www.irs.gov/pub/irs-pdf/f8379.pdf

One country, fifty states, enough to drive anyone nuts, if you move from one state to another, like moving to a different country.