Tax questions 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 the entire 2009,I didn't have any status in US other than being married to a 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.How can he skip these questions?

Thnx

[Nich-Nick 3,354]

If he was married in 2009, then he can't file single. He must file Married Filing Separately or file Married Filing Jointly (even if you didn't live here). In the joint case, worldwide income of both spouses must be claimed. That means your Canadian income would have to be reported under other income. You would also be able to qualify for excluding up to around $91k (in US dollars) of you income on the form 2555EZ. His taxes could actually be lower than filing Married Separately so he should do it both ways to see which is to his advantage.

If he's using TurboTax, here's a thread where I explained where to report the foreign income. They suggest doing that before entering the exclusion, even though it comes later in the list. http://www.visajourney.com/forums/index.php?showtopic=242999

[redBlue 1]

If he was married in 2009, then he can't file single. He must file Married Filing Separately or file Married Filing Jointly (even if you didn't live here). In the joint case, worldwide income of both spouses must be claimed. That means your Canadian income would have to be reported under other income. You would also be able to qualify for excluding up to around $91k (in US dollars) of you income on the form 2555EZ. His taxes could actually be lower than filing Married Separately so he should do it both ways to see which is to his advantage.

If he's using TurboTax, here's a thread where I explained where to report the foreign income. They suggest doing that before entering the exclusion, even though it comes later in the list. http://www.visajourney.com/forums/index.php?showtopic=242999

but I've already did my canadian tax here , 'so If he files married jointly ,it sounds like he has to do the taxing again on my income which i've already done it.

also,if we choose,married seperatly or married jointly ,then it still asks for SSN#,tax # etc. which I don't have any of these info and you can't even proceed if u leave blank...

Would "head of household" be an option for us?not sure if we are qualified for that?

[Nich-Nick 3,354]

but I've already did my canadian tax here , 'so If he files married jointly ,it sounds like he has to do the taxing again on my income which i've already done it.

also,if we choose,married seperatly or married jointly ,then it still asks for SSN#,tax # etc. which I don't have any of these info and you can't even proceed if u leave blank...

Would "head of household" be an option for us?not sure if we are qualified for that?

To file jointly, he reports your income. That doesn't mean that he is fully taxed on it. That's what the income exclusion is all about. (Exclude = to shut or keep out, to shut out from consideration, prohibit, omit). It figures what the US taxes would be on your portion and subtracts that from the total tax bill.) You would need in ITIN number which is applied for (Form W-7) along with mailing in a paper return to an address in Austin TX that processes the ITIN request returns. Those items are left blank and when they issue the ITIN they wlll take care of attaching it to the return you sent with the W-7. If using TurboTax online, you're going to have some confusion and hangups because it lacks the flexibility for your return. I buy the cheapest installable version (around $24) TurboTax Basic.

He can file Married Filing Separately and leave you out of it. I was just saying it's worth a try to do both ways because including the Canadian income and then excluding it is often a better deal when you get to the bottom line. Another reason to install Turbo Tax. You fill in all the info for him and call the file "John Separate." Then you do a "save as" and save it as "JohnMary Joint" and modify it to include you. That way you don't muck around with his stuff he already entered and you've got two scenarios to examine.

Head of Household is kinda the single mom category. It is for an unmarried person (or one considered unmarried) who maintains a home for children who live in that home. That's over simplified, but because you did not live in the home, he could qualify for that "considered unmarried" part and "head of household" if he has children who make that their home over half the time...not just weekend visits with non-custodial parent. He could not claim any benefit from exemptions or extra standard deduction for you the wife, which he could filing jointly.

He should just try the two ways (or three if kids live with him) that he can legally file and see which is best before you get worked up over already paying your taxes. The IRS doesn't force him to file with you and report your income, but many people find it actually works out better. It's a choice. Filing Single is no longer a choice. And claiming the extra exemption and standard deduction of a spouse without reporting her income isn't an option.

[redBlue 1]

To file jointly, he reports your income. That doesn't mean that he is fully taxed on it. That's what the income exclusion is all about. (Exclude = to shut or keep out, to shut out from consideration, prohibit, omit). It figures what the US taxes would be on your portion and subtracts that from the total tax bill.) You would need in ITIN number which is applied for (Form W-7) along with mailing in a paper return to an address in Austin TX that processes the ITIN request returns. Those items are left blank and when they issue the ITIN they wlll take care of attaching it to the return you sent with the W-7. If using TurboTax online, you're going to have some confusion and hangups because it lacks the flexibility for your return. I buy the cheapest installable version (around $24) TurboTax Basic.

He can file Married Filing Separately and leave you out of it. I was just saying it's worth a try to do both ways because including the Canadian income and then excluding it is often a better deal when you get to the bottom line. Another reason to install Turbo Tax. You fill in all the info for him and call the file "John Separate." Then you do a "save as" and save it as "JohnMary Joint" and modify it to include you. That way you don't muck around with his stuff he already entered and you've got two scenarios to examine.

Head of Household is kinda the single mom category. It is for an unmarried person (or one considered unmarried) who maintains a home for children who live in that home. That's over simplified, but because you did not live in the home, he could qualify for that "considered unmarried" part and "head of household" if he has children who make that their home over half the time...not just weekend visits with non-custodial parent. He could not claim any benefit from exemptions or extra standard deduction for you the wife, which he could filing jointly.

He should just try the two ways (or three if kids live with him) that he can legally file and see which is best before you get worked up over already paying your taxes. The IRS doesn't force him to file with you and report your income, but many people find it actually works out better. It's a choice. Filing Single is no longer a choice. And claiming the extra exemption and standard deduction of a spouse without reporting her income isn't an option.

thank you.we will try that