August 2010 - CR1/IR1 Filers

[Matt and Evieve 1]

Hello! I'm an August filer!

[Ribs & Beans 19]

All right, I might post this elsewhere if I don't get an answer here, but...TAXES!

If you got married recently (and your spouse is still in their home country), did you change your income tax withholding status at work? I got the form to change mine, but it mentions that if your spouse is a non-resident alien, then just mark single.

Personally, I prefer to have the maximum withheld, and just get a refund later...so if I can, I'll just leave it at single. BUT I do plan to try to file as "married filing jointly" with the W7 form and the waiver of foreign income (as I've read about here on VJ)...so if I keep my status as single, with that prevent me from filing married later? Or is that purely for withholding purposes?

ALSO, if I try to file as "married filing jointly," I will have to report my husbands foreign income. We can add it all up of course, but he obviously doesn't get W2s, and he doesn't get paystubs. Would a letter from his job suffice? (Translated and notarized, of course!)

[LotofPatience 65]

All right, I might post this elsewhere if I don't get an answer here, but...TAXES!

If you got married recently (and your spouse is still in their home country), did you change your income tax withholding status at work? I got the form to change mine, but it mentions that if your spouse is a non-resident alien, then just mark single.

Personally, I prefer to have the maximum withheld, and just get a refund later...so if I can, I'll just leave it at single. BUT I do plan to try to file as "married filing jointly" with the W7 form and the waiver of foreign income (as I've read about here on VJ)...so if I keep my status as single, with that prevent me from filing married later? Or is that purely for withholding purposes?

ALSO, if I try to file as "married filing jointly," I will have to report my husbands foreign income. We can add it all up of course, but he obviously doesn't get W2s, and he doesn't get paystubs. Would a letter from his job suffice? (Translated and notarized, of course!)

Kikapoo, here is your tax man

The status in Withholding and the Actual tax return are 2 different things. You may withhold as MFJ or Single right now.

Then when you actually file the taxes in 2011 for the year 2010, File in MFJ with W-7 form to get his ITIN. Since this return is special, online or regular paper processing will not be accepted. It has to be sent to Texas IRS office to generate and assign ITIN first and process the return.

If you have further questions, please do not hesitate to contact me, except in my sleep time

Loto

[CaliforniaGuy 2]

Kikapoo, here is your tax man

The status in Withholding and the Actual tax return are 2 different things. You may withhold as MFJ or Single right now.

Then when you actually file the taxes in 2011 for the year 2010, File in MFJ with W-7 form to get his ITIN. Since this return is special, online or regular paper processing will not be accepted. It has to be sent to Texas IRS office to generate and assign ITIN first and process the return.

If you have further questions, please do not hesitate to contact me, except in my sleep time

Loto

Let me get this straight. If my spouse is working in Canada and she she files for income papers there (cause she has to), how can she also file here if she hasn't worked here? Is there a benefit to me if she files here as well? Or does she have to file here for legal purposes? And does she show me in her income papers that she files in Canada? So confusing

[LotofPatience 65]

Let me get this straight. If my spouse is working in Canada and she she files for income papers there (cause she has to), how can she also file here if she hasn't worked here? Is there a benefit to me if she files here as well? Or does she have to file here for legal purposes? And does she show me in her income papers that she files in Canada? So confusing

There are 2 benefits:

1) MFJ in the U.S is the 'lowest' tax owe to the IRS

2) Showing the spouse in joint return shows the 'bona fide' relationship again

Loto

[Ribs & Beans 19]

Kikapoo, here is your tax man

The status in Withholding and the Actual tax return are 2 different things. You may withhold as MFJ or Single right now.

Then when you actually file the taxes in 2011 for the year 2010, File in MFJ with W-7 form to get his ITIN. Since this return is special, online or regular paper processing will not be accepted. It has to be sent to Texas IRS office to generate and assign ITIN first and process the return.

If you have further questions, please do not hesitate to contact me, except in my sleep time

Loto

Great, then I will just leave the withholding as is (single), and file MFJ next spring! Thanks!

My NEXT question--when it does come time to file, how do I report my husband's foreign income, with no W2s or paystubs?

[LotofPatience 65]

Great, then I will just leave the withholding as is (single), and file MFJ next spring! Thanks!

My NEXT question--when it does come time to file, how do I report my husband's foreign income, with no W2s or paystubs?

You will show it as foreign income and this income will be combined with yours in 1040. Also, get the foreign tax credit if your husband has paid any taxes in his country, by attaching the form 1116 with the form 1040. You don't need his paystubs to do it.

Loto

[Ribs & Beans 19]

You will show it as foreign income and this income will be combined with yours in 1040. Also, get the foreign tax credit if your husband has paid any taxes in his country, by attaching the form 1116 with the form 1040. You don't need his paystubs to do it.

Loto

Cool, so I can just write how much he made on my forms, and they'll take my word for it? I like it!

[LotofPatience 65]

Cool, so I can just write how much he made on my forms, and they'll take my word for it? I like it!

If you use any online tax filing software such as TurboTax, it is even easier. It will prompt foreign earned income of non-resident alien and it will prompt all deductions, taxes paid in the foreign country on behalf of this non-resident alien.

Loto

[Ribs & Beans 19]

If you use any online tax filing software such as TurboTax, it is even easier. It will prompt foreign earned income of non-resident alien and it will prompt all deductions, taxes paid in the foreign country on behalf of this non-resident alien.

Loto

Well, what I'm really wondering if is there is any proof or documentation of his foreign income that I have to include when I file. Is there?

That's cool that Turbo Tax does all that. I've never used it before. Will it also help me fill out the waiver and the application for the tax ID number?

[LotofPatience 65]

Well, what I'm really wondering if is there is any proof or documentation of his foreign income that I have to include when I file. Is there?

That's cool that Turbo Tax does all that. I've never used it before. Will it also help me fill out the waiver and the application for the tax ID number?

No, TurboxTax or any other software will prepare the taxes and electronically submit if both have SSN if MFJ. It won't accept ITIN. You can prepare everything, pay the fee to them and print all the tax papers (don't try to e-file with ITIN) and send to Texas address with completed W-7, his passport copy etc.

Supporting documents with W-7, where to file etc. are here: http://www.irs.gov/pub/irs-pdf/iw7.pdf

Loto

[Ribs & Beans 19]

No, TurboxTax or any other software will prepare the taxes and electronically submit if both have SSN if MFJ. It won't accept ITIN. You can prepare everything, pay the fee to them and print all the tax papers (don't try to e-file with ITIN) and send to Texas address with completed W-7, his passport copy etc.

Supporting documents with W-7, where to file etc. are here: http://www.irs.gov/pub/irs-pdf/iw7.pdf

Loto

Ok, so just do be clear--I don't have to submit any documentation of his foreign income? Sorry to be repetitive, but I haven't seen the answer to that question yet (maybe I missed it).

[LotofPatience 65]

I don't have to submit any documentation of his foreign income?

That's correct.

Loto

[Ribs & Beans 19]

That's correct.

Loto

Great--THANKS!!! :-)

[digital82 3]

Alright August Filers...

Stealing Loto's idea here made an excel file for all the August Filers...

I have given your NOA-1 received date as your priority dates... and lined it up...

for the 3 people who has not updated your timeline please do so... so that i can add your NOA1 dates...

take care guys...

JP

Here is the link

August Filers Link

Edited September 23, 2010 by digital82