URGENT Tax question for newly wed.s

[redBlue 1]

Hello all:

My husband is filling his taxes and he is confused with the questions related to me.I hope someone can answer this question;I'm sure it's very simple for those of who've done it already.

I'm a Canadian and will be moving to US in Apr,2010;never lived in US yet.

We got married on Mar 2009

I've got my CR1 visa on Feb 2010

Hubby is US citizen.

For entire 2009,I didn't have any status in US other than being married to US citizen.

When he files his taxes for 2009,does he file as a single or married?When he checks box for "married",he gets all these questions about my SSN,Tax # etc... which I don't have any of them.

Thnx

[Obama 2012 1,714]

Unless you're physically living here 6 months out of the last year, he cannot file as 'married' and claim you in any way as a dependant.

Now, a good tax attorney might find a way around this possibly, but without proof of you living here and without an SSN it's not really possible.

Filing single is his best bet/probably only option.

The "married" option only really works any way if you were filing your taxes together. You can still file 'single'/seperately even if you were living here...

Edited March 10, 2010 by Paul and Vanessa

[SonoranSongbird 3]

He can't file as single because he is married. Probably your only choice is married filing separately. I'm not sure what to tell you about the blanks for things you do not have. There is another thread for posting any questions related to taxes (right now you should find if you scroll down this page). Others who have been in your same situation or Zyggy who is knowlegeable about cross-border tax issues should be able to help.

[SonoranSongbird 3]

Here you go: Tax Thread.

[CDAgirlMI 51]

I didn't think you could file "single" if you were legally married...no matter where your spouse lives.

Maybe "married filing seperately" would be the option.

I think "head of household" would be the USC claiming another person as a dependent....I don't know if that would work in this case.

[redBlue 1]

I didn't think you could file "single" if you were legally married...no matter where your spouse lives.

Maybe "married filing seperately" would be the option.

I think "head of household" would be the USC claiming another person as a dependent....I don't know if that would work in this case.

filling as "married filing seperately" still asks for my SSN,tax etc... which I don't have any of them

[Malrothien 6]

Unless you're physically living here 6 months out of the last year, he cannot file as 'married' and claim you in any way as a dependant.

Now, a good tax attorney might find a way around this possibly, but without proof of you living here and without an SSN it's not really possible.

Filing single is his best bet/probably only option.

The "married" option only really works any way if you were filing your taxes together. You can still file 'single'/seperately even if you were living here...

Please do not post misinformation. There is not a SINGLE requirement of actually living in the US to file as married.

Also, someone who is married CANNOT file as single, as that is lying to the IRS.

[CDAgirlMI 51]

filling as "married filing seperately" still asks for my SSN,tax etc... which I don't have any of them

Ah, ok.

Maybe this will apply to you guys:

ITIN: Individual Taxpayer Identification Number

Who needs an ITIN?

IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a SSN, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an ITIN.

Examples of individuals who need ITINs include:

Non-resident alien filing a U.S. tax return and not eligible for a SSN

U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for a SSN

Dependent or spouse of a U.S. citizen/resident alien

Dependent or spouse of a non-resident alien visa holder

[Malrothien 6]

Yes, an ITIN replaces the need for an SSN. Filing an ITIN, though, requires a paper filing of the tax return.

[Obama 2012 1,714]

Please do not post misinformation. There is not a SINGLE requirement of actually living in the US to file as married.

Also, someone who is married CANNOT file as single, as that is lying to the IRS.

I mis-worded and forgot about the "Married filing separately" option. Totally forgot that was in there.....

[VanessaTony 3,567]

Unless you're physically living here 6 months out of the last year, he cannot file as 'married' and claim you in any way as a dependant.

Now, a good tax attorney might find a way around this possibly, but without proof of you living here and without an SSN it's not really possible.

Filing single is his best bet/probably only option.

The "married" option only really works any way if you were filing your taxes together. You can still file 'single'/seperately even if you were living here...

Ummm... no. I've been here since Sept, married since Nov and there was absolutely no issue with adding me to his taxes.

http://taxes.about.com/od/filingstatus/qt/FilingStatus.htm

Have a read, we only need to have been married for ONE DAY in the last tax year to qualify as "married" for the IRS...

To the OP read here: http://www.irs.gov/publications/p501/ar02....blink1000220722 specifically: "Married persons living apart. If you live apart from your spouse and meet certain tests, you may be considered unmarried. If this applies to you, you can file as head of household even though you are not divorced or legally separated. If you qualify to file as head of household instead of as married filing separately, your standard deduction will be higher. Also, your tax may be lower, and you may be able to claim the earned income credit. See Head of Household , later."

Edited March 11, 2010 by Vanessa&Tony

[zenaxe 22]

Hello all:

My husband is filling his taxes and he is confused with the questions related to me.I hope someone can answer this question;I'm sure it's very simple for those of who've done it already.

I'm a Canadian and will be moving to US in Apr,2010;never lived in US yet.

We got married on Mar 2009

I've got my CR1 visa on Feb 2010

Hubby is US citizen.

For entire 2009,I didn't have any status in US other than being married to US citizen.

When he files his taxes for 2009,does he file as a single or married?When he checks box for "married",he gets all these questions about my SSN,Tax # etc... which I don't have any of them.

Thnx

We're dealing with the same issue ie married in 2009; I'm not in the USA yet as I don't have my green card. But my wife was trying to file electronically and she had problems with the SIN/SSN issue. She was advised to leave it blank. You can't put single because you are married; I think it should read married filing separately rather than filing jointly. I don't think you can file jointly until you are both under the same roof etc.

The first year is going to be a bit of an issue. I'll have the same problem when I file for 2010 taxes as I 'll be in the USA hopefully later this year and will be filing taxes for Canadian income (now until I leave) and then income in the USA etc.

[CDAgirlMI 51]

For people making an income in both Canada & the US, know that there's a tax treaty between Canada-US that can prevent double taxation. I'm still learning about this & hope to be up-to-speed soon, or at the least, the beginning of next year, when I'll have to deal with it.

[Malrothien 6]

We're dealing with the same issue ie married in 2009; I'm not in the USA yet as I don't have my green card. But my wife was trying to file electronically and she had problems with the SIN/SSN issue. She was advised to leave it blank. You can't put single because you are married; I think it should read married filing separately rather than filing jointly. I don't think you can file jointly until you are both under the same roof etc.

The first year is going to be a bit of an issue. I'll have the same problem when I file for 2010 taxes as I 'll be in the USA hopefully later this year and will be filing taxes for Canadian income (now until I leave) and then income in the USA etc.

You don't need to live in the same household to file jointly.

[sdhiman 0]

Mal...does that mean if you have:

1) No income in US for 2009

2) Did not live in US at all in 2009, visited but not lived in US

3) Have an SSN before April 15

You can do "Married Filing Jointly"?

I am in the same situation. I figured out my Canadian taxes and now time to move on to US taxes!!