Support to US Spouse

[spiderpig 2]

I have a question about money that is sent to me by my Husband who lives overseas. I am here in the US waiting to file the IR1 and worked just minimal for the tax year of 2009 and wasn't required to file taxes so therefore I didn't and will explain this to the INS once I file the I-864. I am wondering if the money that he sent me in 2009 would be considered as INCOME and if so, even though it was minimal, it would put me over the amount that the IRS states can be made and still not be required to file. I read on PUBLICATION 950 about Gift Tax and I interrupted it as says as follows

Gift Tax

The gift tax applies to transfers by gift of property. You

make a gift if you give property (including money), or the

use of or income from property, without expecting to

receive something of at least equal value in return. If you

sell something at less than its full value or if you make an

interest-free or reduced-interest loan, you may be making

a gift. In 2010, any transfer of money or property in

trust is a taxable gift unless the trust is treated as wholly

owned by the donor or the donor’s spouse.

The general rule is that any gift is a taxable gift.

However, there are many exceptions to this rule.

Generally, the following gifts are not taxable gifts:

· Gifts, excluding gifts of future interests, that are not

more than the annual exclusion for the calendar

year,

· Tuition or medical expenses you pay directly to a

medical or educational institution for someone,

· Gifts to your spouse,

· Gifts to a political organization for its use, and

· Gifts to charities.

Publication 950 (December 2009

Annual exclusion. A separate annual exclusion applies

to each person to whom you make a gift. The gift tax

annual exclusion is subject to cost-of-living increases.

Gift Tax Annual Exclusion

Year(s) Annual Exclusion

1998 – 2001 . . . . . . . . $10,000

2002 – 2005 . . . . . . . . $11,000

2006 – 2008 . . . . . . . . $12,000

2009 . . . . . . . . . . . . . $13,000

For 2009, you generally can give a gift valued at up to

$13,000 each, to any number of people, and none of the

gifts will be taxable.

However, gifts of future interests cannot be excluded

under an annual exclusion provision. A gift of a future

interest is a gift that is limited so that its use, possession,

or enjoyment will begin at some point in the future.

If you are married, both you and your spouse can

separately give gifts valued at up to $13,000 to the same

person in 2009 without making a taxable gift. If one of you

gives more than the $13,000 exclusion to a person in

2009 see gift splitting later

Example 1. In 2009, you give your niece a cash gift

of $8,000. It is your only gift to her this year. The gift is not

a taxable gift because it is not more than the $13,000

annual exclusion.

Example 2. You pay the $15,000 college tuition of

your friend directly to his college. Because the payment

qualifies for the educational exclusion, the gift is not a

taxable gift

What I really need to know.... IS THE MONEY THAT HE SENT TO ME CONSIDERED AS INCOME AND BE DECLARED AS SO. I WILL BE USING THIS TO SHOW EXAMPLES OF "HAVING A BONAFIDE MARRIAGE" and could they say at the interview that this should have been declared and considered as income for the tax year 2009 which would put me over the amount needed to file? BTW, how much POWER does the office that interviews have when it comes to having "say so about how and who and when to file"? Just wondering.....

[Val and Gary 29]

I have a question about money that is sent to me by my Husband who lives overseas. I am here in the US waiting to file the IR1 and worked just minimal for the tax year of 2009 and wasn't required to file taxes so therefore I didn't and will explain this to the INS once I file the I-864. I am wondering if the money that he sent me in 2009 would be considered as INCOME and if so, even though it was minimal, it would put me over the amount that the IRS states can be made and still not be required to file. I read on PUBLICATION 950 about Gift Tax and I interrupted it as says as follows

Gift Tax

The gift tax applies to transfers by gift of property. You

make a gift if you give property (including money), or the

use of or income from property, without expecting to

receive something of at least equal value in return. If you

sell something at less than its full value or if you make an

interest-free or reduced-interest loan, you may be making

a gift. In 2010, any transfer of money or property in

trust is a taxable gift unless the trust is treated as wholly

owned by the donor or the donor’s spouse.

The general rule is that any gift is a taxable gift.

However, there are many exceptions to this rule.

Generally, the following gifts are not taxable gifts:

· Gifts, excluding gifts of future interests, that are not

more than the annual exclusion for the calendar

year,

· Tuition or medical expenses you pay directly to a

medical or educational institution for someone,

· Gifts to your spouse,

· Gifts to a political organization for its use, and

· Gifts to charities.

Publication 950 (December 2009

Annual exclusion. A separate annual exclusion applies

to each person to whom you make a gift. The gift tax

annual exclusion is subject to cost-of-living increases.

Gift Tax Annual Exclusion

Year(s) Annual Exclusion

1998 – 2001 . . . . . . . . $10,000

2002 – 2005 . . . . . . . . $11,000

2006 – 2008 . . . . . . . . $12,000

2009 . . . . . . . . . . . . . $13,000

For 2009, you generally can give a gift valued at up to

$13,000 each, to any number of people, and none of the

gifts will be taxable.

However, gifts of future interests cannot be excluded

under an annual exclusion provision. A gift of a future

interest is a gift that is limited so that its use, possession,

or enjoyment will begin at some point in the future.

If you are married, both you and your spouse can

separately give gifts valued at up to $13,000 to the same

person in 2009 without making a taxable gift. If one of you

gives more than the $13,000 exclusion to a person in

2009 see gift splitting later

Example 1. In 2009, you give your niece a cash gift

of $8,000. It is your only gift to her this year. The gift is not

a taxable gift because it is not more than the $13,000

annual exclusion.

Example 2. You pay the $15,000 college tuition of

your friend directly to his college. Because the payment

qualifies for the educational exclusion, the gift is not a

taxable gift

What I really need to know.... IS THE MONEY THAT HE SENT TO ME CONSIDERED AS INCOME AND BE DECLARED AS SO. I WILL BE USING THIS TO SHOW EXAMPLES OF "HAVING A BONAFIDE MARRIAGE" and could they say at the interview that this should have been declared and considered as income for the tax year 2009 which would put me over the amount needed to file? BTW, how much POWER does the office that interviews have when it comes to having "say so about how and who and when to file"? Just wondering.....

A very good point, and something that is very relevant to our case. I took look forward to anyone who has good information of this.

[canadian_wife 1,829]

So I guess the first thing that comes to my mind is you didn't declare it right? SO you didn't pay taxes on it? So then how can the IRS consider it income if it wasn't taxed? It's all fine and well to say it should have been declared and so it should count, but it wasn't and now you want to use it to your benefit.

I'm not a tax accountant or a tax lawyer but I think this would more count towards assets and not income. In my opinion

Good luck

[Luckywife2007 6]

So I guess the first thing that comes to my mind is you didn't declare it right? SO you didn't pay taxes on it? So then how can the IRS consider it income if it wasn't taxed? It's all fine and well to say it should have been declared and so it should count, but it wasn't and now you want to use it to your benefit.

I'm not a tax accountant or a tax lawyer but I think this would more count towards assets and not income. In my opinion

Good luck

Canadian_Wife

I was not required to file as I mentioned I didn't make enough to file, however when I thought about the money that was sent,it made me think "should it have been declared as income or not" not trying to get around paying what I owe per say... was just a question to for go any pitfalls... and as I mentioned I am wondering if the INS would question me on this and state that is should have been declared as income and therefore I would have been required to file as this amount (even though was minimal) put me over the limit of not being required to file for 2009....

[Anh map 2,098]

Money transferred between spouses wouldn't seem to pass the test as income.

[NigeriaorBust 4,087]

It depends on what filing status you used. HOH , married filing separately or married filing jointly.

[Luckywife2007 6]

It depends on what filing status you used. HOH , married filing separately or married filing jointly.

[/quote

If I had filed, it would have been married filing separately...and so?

[LotofPatience 65]

What I really need to know.... IS THE MONEY THAT HE SENT TO ME CONSIDERED AS INCOME AND BE DECLARED AS SO. I WILL BE USING THIS TO SHOW EXAMPLES OF "HAVING A BONAFIDE MARRIAGE" and could they say at the interview that this should have been declared and considered as income for the tax year 2009 which would put me over the amount needed to file? BTW, how much POWER does the office that interviews have when it comes to having "say so about how and who and when to file"? Just wondering.....

Money transferred between spouses will not be considered as income for I-864.

It can be used as secondary evidence of the bona-fide marriage.

Loto

[NigeriaorBust 4,087]

Right answer. ( at least for your situation ) Marital assets can freely pass between partners and / or be held separately ( even in community property states) So long as he obeyed any laws regarding his income in his country . It would be just like you choosing to to file separately and he was here earning money. He could hand you money at anytime and not incur any tax consequences to either of you ( assuming we aren't talking huge sums)

[Luckywife2007 6]

Right answer. ( at least for your situation ) Marital assets can freely pass between partners and / or be held separately ( even in community property states) So long as he obeyed any laws regarding his income in his country . It would be just like you choosing to to file separately and he was here earning money. He could hand you money at anytime and not incur any tax consequences to either of you ( assuming we aren't talking huge sums)

Thank you so much! And unfortunately no Large sums were transferred... I was grateful for what we have and received!

[pushbrk 13,174]

So I guess the first thing that comes to my mind is you didn't declare it right? SO you didn't pay taxes on it? So then how can the IRS consider it income if it wasn't taxed? It's all fine and well to say it should have been declared and so it should count, but it wasn't and now you want to use it to your benefit.

I'm not a tax accountant or a tax lawyer but I think this would more count towards assets and not income. In my opinion

Good luck

It's not the US Citizen's income. Affidavits of support are primarily about the US Citizen's earned or passive income. It's only an asset if it was saved and not spent. No income, no tax liability. In most cases "income" will show on line 22 of a 1040 form or as adjusted gross income on a 1040EZ. If not on a tax return, you document income with pay stubs and/or employer letters.

Money transferred between spouses wouldn't seem to pass the test as income.

Doesn't seem to be and isn't. It was the foreign spouse's income prior to transfer.