Should my husband claim me as a dependent on his taxes?

[rexalite 0]

I am wondering what my husband should do for his 2008 taxes. I don't have an SS# but was living in the US with him for all of 2008. I have no income. I am using the HR Block software, and it is asking me if we are filing seperately or jointly. I don't know how to file?

[atk_721 0]

I am wondering what my husband should do for his 2008 taxes. I don't have an SS# but was living in the US with him for all of 2008. I have no income. I am using the HR Block software, and it is asking me if we are filing seperately or jointly. I don't know how to file?

Do u have a TIN??if u dont have SSN/TIN,he cant claim u as dependent.Even if u have TIN or SSN,u should not be his depenedent as he would be filing married filing joint .

Edited May 3, 2009 by atk_721

[ishack1956 0]

I am wondering what my husband should do for his 2008 taxes. I don't have an SS# but was living in the US with him for all of 2008. I have no income. I am using the HR Block software, and it is asking me if we are filing seperately or jointly. I don't know how to file?

He can claim up, but you;ll have download and fill out the application for Taxpayer ID. I just took my tax forms along with the application for ITIN.

[rin and john 71]

I am wondering what my husband should do for his 2008 taxes. I don't have an SS# but was living in the US with him for all of 2008. I have no income. I am using the HR Block software, and it is asking me if we are filing seperately or jointly. I don't know how to file?

You are not a dependent, but a spouse. You and your husband would most likely benefit most by filing MFJ (married filing jointly) so long as you were married as of 12/31/2008. You can do this by submitting your taxes along with an application for an ITIN (individual taxpayer identification number). Also, when you finally get a SSN, file an amended return (1040X) as you most likely qualify for the tax credit rebate (another $600). Check out this thread for more info:

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

John

[Gary and Alla 3,694]

I am wondering what my husband should do for his 2008 taxes. I don't have an SS# but was living in the US with him for all of 2008. I have no income. I am using the HR Block software, and it is asking me if we are filing seperately or jointly. I don't know how to file?

If you were MARRIED on or before December 31, 2008 he can most certainly claim you and file jointly. He CANNOT file electronically without SSN for you, he will have to print the return and use the regular mail to file. Write "pending" for your SSN.

He cannot claim Earned Income Credit or Educational credits if you do not have an SSN. Other wise, you are good to go.

[Nagishkaw 510]

You are not a dependent, but a spouse.

[Nich-Nick 3,354]

Without a green card, you are considered a non-resident alien and as such can not file a joint return with a USC. BUT you can "elect" to be treated as a "resident alien for tax purposes." That involves writing a statement to include with the tax return.

How To Make the Choice

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.)

This is from the IRS Publication 519

So file joint, but include the statement outlined above and the application for the ITIN number as John and Rin said.

[rebeccajo 14]

Without a green card, you are considered a non-resident alien and as such can not file a joint return with a USC. BUT you can "elect" to be treated as a "resident alien for tax purposes." That involves writing a statement to include with the tax return.

How To Make the Choice

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.)

This is from the IRS Publication 519

So file joint, but include the statement outlined above and the application for the ITIN number as John and Rin said.

I don't think that is right, Nich. My husband didn't have his greencard when we filed our first joint return together. (I should add though that he did possess a Social Security number).

I think it depends on the 'physical presence test' (which the software should walk the taxpayer through) and whether or not they were married by 12/21/08.

Er - is the OP out of the country right now waiting on the CR1? Does it matter if they were in-country on 12/31?

Eeep.......

Edited May 3, 2009 by rebeccajo

[Nich-Nick 3,354]

Ah good point. Assuming she was here the required number of days she is resident alien without GC. Also I do know that people file joint for spouses who have never even been in the country, so she could still live elsewhere and still file joint.

Here it is. OP is resident alien if this fits her, or she can write a statement electing to be a resident alien based on marriage to a USC if her days don't count up for .

Substantial Presence Test

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for calendar year 2008. To meet this test, you must be physically present in the United States on at least:

31 days during 2008, and

183 days during the 3-year period that includes 2008, 2007, and 2006, counting:

All the days you were present in 2008, and

of the days you were present in 2007, and

of the days you were present in 2006.

[tallcoolone 102]

I use a CPA whose son is a Tax Attorney

They charge me about $300 to do my personal taxes.

Back when I had a LLC they were my CPA/Tax Attorney

I drop off all info to them and I let them worry about questions above.

They also told me, If I ever get audited. That I don't have to attend and they do the audit in place of me

Maybe you should research a good CPA instead of HR Block or some Tax Online software.........................