Filling out taxes??

[vol4life 0]

hey all VJers,

I am needing clarification on filing this years taxes. My wife arrived here June '09 and we married in August '09.

We were not able to get SSN and have filed AOS,EAD, already received NOA and RFE due to Medical and have

now sent that back to be processed.

Question is can I file Married joint and what is the process? I need SSN right? Do we file dual-alien? have read

up on but not finding concrete answers.

Please help!!

Thanks and God Bless!!

Kevin and Oury

[trillium13 84]

Keep in mind you can always file an extension if you need to. We got hubby's SS# literally right at the deadline for filing so that's what we did until we got everything sorted out. It gives you another 6 months and then you can file jointly.

[Dakine 26]

File jointly using a ITIN. Form W7 I 'think". Has to be filed with your taxes.

[Gary and Alla 3,694]

hey all VJers,

I am needing clarification on filing this years taxes. My wife arrived here June '09 and we married in August '09.

We were not able to get SSN and have filed AOS,EAD, already received NOA and RFE due to Medical and have

now sent that back to be processed.

Question is can I file Married joint and what is the process? I need SSN right? Do we file dual-alien? have read

up on but not finding concrete answers.

Please help!!

Thanks and God Bless!!

Kevin and Oury

File married/jointly. Enter "pending" where it asks for her SSN and you will have to file a paper return. You cannot file electronically unless everyone has an SSN and the IRS computer recognizes it, about 2 weeks after you egt the SSN.

If you want (not necessary) you can go to the SS office and they can give you a letter stating your wife is not eligible at this time for an SSN.

If she arrived as a K-1 she WAS eleigible and for whatever reason you did not get one. Perhaps surrendered your rights to an untrained clerk at the SS office. I always recommend K-1s get the SSN before unpacking their bags. You do not need an ITIN and ITINs are not intended as any form of "stop-gap" for people who should have an SSN but don't.

[Nich-Nick 3,354]

My wife arrived here June '09 and we married in August '09.

We were not able to get SSN and have filed AOS,EAD, already received NOA and RFE due to Medical and have

now sent that back to be processed.

Question is can I file Married joint and what is the process? I need SSN right? Do we file dual-alien? have read

up on but not finding concrete answers.

Dual status alien can not file jointly with a USC.

You can file Married Joint if you both "elect" for her to be treated as a Resident Alien for Tax Purposes. This involves writing/signing a statement to include with your mailed return. What should be included in the statement is covered in IRS Publication 519, starting on page 10, halfway down middle column and continuing to the third column. (If I remember correctly.)

To file jointly (by her being considered a resident alien for the entire tax year) you must include worldwide income. That means any money she earned in her country will be converted to US dollars and reported. It will be included on Line 7 of the 1040. That income is eligible for exclusion on form 2555EZ. That means you basically get to subtract it back out on line 21. The foreign income will affect your bottom line if have large capital gains to report on Schedule D or if her income is high and jointly you are well over $100,000 in income. Otherwise filing jointly should help you out tax-wise because you get the extra exemption and standard deduction.

Your other option is to file Married Filing Separately and she files nothing. You can do your taxes both ways to see which is best for your situation. Married Filing Separately often is a higher tax burden.

You do not need a SSN to file taxes jointly. You can fill out the Form W-7 (ITIN) and mail it with your tax forms. It goes to an address in Austin and not your normal filing address. They will process the ITIN and then process the joint tax return or send it on to be processed elsewhere with the ITIN associated with it. I forgot what the exact route it takes, but you file for ITIN and taxes in the same envelope and you're okay filing joint without a SSN.

[vol4life 0]

Dual status alien can not file jointly with a USC.

You can file Married Joint if you both "elect" for her to be treated as a Resident Alien for Tax Purposes. This involves writing/signing a statement to include with your mailed return. What should be included in the statement is covered in IRS Publication 519, starting on page 10, halfway down middle column and continuing to the third column. (If I remember correctly.)

To file jointly (by her being considered a resident alien for the entire tax year) you must include worldwide income. That means any money she earned in her country will be converted to US dollars and reported. It will be included on Line 7 of the 1040. That income is eligible for exclusion on form 2555EZ. That means you basically get to subtract it back out on line 21. The foreign income will affect your bottom line if have large capital gains to report on Schedule D or if her income is high and jointly you are well over $100,000 in income. Otherwise filing jointly should help you out tax-wise because you get the extra exemption and standard deduction.

Your other option is to file Married Filing Separately and she files nothing. You can do your taxes both ways to see which is best for your situation. Married Filing Separately often is a higher tax burden.

You do not need a SSN to file taxes jointly. You can fill out the Form W-7 (ITIN) and mail it with your tax forms. It goes to an address in Austin and not your normal filing address. They will process the ITIN and then process the joint tax return or send it on to be processed elsewhere with the ITIN associated with it. I forgot what the exact route it takes, but you file for ITIN and taxes in the same envelope and you're okay filing joint without a SSN.

Thanks everyone your info. really helped!!

Have a great weekend!!

GOD BLESS!!

[payxibka 10,045]

Dual status alien can not file jointly with a USC.

You can file Married Joint if you both "elect" for her to be treated as a Resident Alien for Tax Purposes. This involves writing/signing a statement to include with your mailed return. What should be included in the statement is covered in IRS Publication 519, starting on page 10, halfway down middle column and continuing to the third column. (If I remember correctly.)

The alien does not need to "elect" to be treated as a resident alien as the alien passes the substantial presence test as she entered in June and has been in the USA more than the required 183 days

[lovelyalex 99]

Re the ITINs:

From the IRS website:

"The Internal Revenue Service (IRS) Individual Tax Identification Number (ITIN) Program is announcing a moratorium effective January 1st through April 30th, 2010 on all new Forms 13551, Application to Participate in the IRS Acceptance Agent Program.

During the moratorium, the IRS will not accept or process Forms 13551, Application to Participate in the IRS Acceptance Agent Program. Only amendments to existing, approved agreements will be accepted during the moratorium. The ITIN Program will resume accepting applications during the new 2010 Acceptance Agent Open Season, effective May 1 through August 31, 2010."

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

[rin and john 71]

Re the ITINs:

From the IRS website:

"The Internal Revenue Service (IRS) Individual Tax Identification Number (ITIN) Program is announcing a moratorium effective January 1st through April 30th, 2010 on all new Forms 13551, Application to Participate in the IRS Acceptance Agent Program.

During the moratorium, the IRS will not accept or process Forms 13551, Application to Participate in the IRS Acceptance Agent Program. Only amendments to existing, approved agreements will be accepted during the moratorium. The ITIN Program will resume accepting applications during the new 2010 Acceptance Agent Open Season, effective May 1 through August 31, 2010."

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

Just to clarify, the IRS is accepting W-7s (applications for an ITIN), they are not accepting new applications for "Acceptance Agents" who assist aliens in obtaining an ITIN (i.e. tax preparers, financial institutions, lawyers, etc).

[lovelyalex 99]

Heh... oops! Thanks!

[vol4life 0]

Just to clarify, the IRS is accepting W-7s (applications for an ITIN), they are not accepting new applications for "Acceptance Agents" who assist aliens in obtaining an ITIN (i.e. tax preparers, financial institutions, lawyers, etc).

Thanks everyone for the info.

Have 1 other question? On return what should I put in the SSN/ITIN box for spouse if have neither. Am applying for ITIN with return.

Thanks again,

Kevin

[rin and john 71]

Thanks everyone for the info.

Have 1 other question? On return what should I put in the SSN/ITIN box for spouse if have neither. Am applying for ITIN with return.

Thanks again,

Kevin

I left it blank, since it is submitted together with the W-7.