Filing tax return as single this year is spouse live outside USA

[rin and john 71]

I am here to eat some crow. The tax rates for Single and Married Filing Separately are the same. But Married Filing Separately will put limits on certain credits and deductions that don't exist for somebody filing as Single. The bottom line still is that you should not file as Single when you are married.

Put the fork down...

Looking at the 2010 tax table, married filing separately and single have the same tax rate on the first $68,650. After that they are different (single rate is lower). So, if one files single and has taxable income above this level, they are essentially underpaying their taxes. If an amended return is never filed to married filing jointly, then tax fraud has been committed.

[rin and john 71]

Filing status: SINGLE

Use this 2010 tax table to figure out your tax if you are filing as single.

• 10% on income between $0 and $8,375
• 15% on the income between $8,375 and $34,000; plus $837.50
• 25% on the income between $34,000 and $82,400; plus $4,681.25
• 28% on the income between $82,400 and $171,850; plus $16,781.25
• 33% on the income between $171,850 and $373,650; plus $41,827.25
• 35% on the income over $373,650; plus $108,421.25

Filing status: MARRIED FILING SEPARATELY

Use this tax tables 2010 to figure out your tax if you are filing as married filing separately.

• 10% on the income between $0 and $8,375
• 15% on the income between $8,375 and $34,000; plus $837.50
• 25% on the income between $34,000 and $68,650; plus $4,681.25
• 28% on the income between $68,650 and $104,625; plus $13,343.75
• 33% on the income between $104,625 and $186,825; plus $23,416.75
• 35% on the income over $186,825; plus $50,542.75

[CarlosAndSveta 808]

Put the fork down...

Looking at the 2010 tax table, married filing separately and single have the same tax rate on the first $68,650. After that they are different (single rate is lower). So, if one files single and has taxable income above this level, they are essentially underpaying their taxes. If an amended return is never filed to married filing jointly, then tax fraud has been committed.

Thanks for the reply.

[pushbrk 12,999]

I know someone will yell at me, but here I go. What if I don't file my tax until I get a Interview date in 4 months. Once I submit my NVC paper work, all that is left for me is to turn my 2010 tax at the Interview day.

Here's why:

My current situation is that I just received my NOA2 and will get my NVC package very soon, and plan to send it off right away. During which time I will still be in the window of being able to file my tax return before April 15 and 18th. If I file now, I will push back my submitting the NVC in the end the whole CR-1 process to Sept-Oct for my wife to get here.

If I file my tax return after I submit my paper I would have allowed enough time for my CR-1 paper work to go through to the Embassy stage. And would be able to take my time in 3-6 weeks to received a ITNI (Tax ID) for my wife, and then I can file the paperwork on April 10.

My question is when the AOS form request a recent tax paper work I would have the 2009 one and 2008, but not the 2010 because I will not file yet. And then on the interview date which I hope it will be 2-3 months after the tax deadline I will get a IRS transcript for 2010 if needed to show at the interview.

Help me does my logic have any possible holes or is this just a stupid idea. The main reason I am trying to avoid the delay of get the ITHN(Tax ID number) and besides the fact that I am also consider head of house whole because of my two parents not living with me. So trying to avoid the confusing of what status to file right now. I figure I wait off to get the Tax ID and then file as Married Separate or Jointly, that I can figure out later.

Tell me your feed back...will much appreciated..very much..

If you're filing your I-864 now and haven't yet filed your 2010 taxes for whatever reason, that's fine. File it with the 07, 08 and 09 information and at least the 09 return. That will be accepted by NVC with no problems. Then, have your spouse carry a copy of the 2010 tax return to the interview, in case they want to see it. No worries on this issue.

[unionaire 0]

Let me get this clear, so if I do married file separately. My only hassle would be to mail in the tax return form instead of E-filing?

Do I need any other statements/proofs etc.? If that's the case, why do tax preparing website taxact.com points out that no SSN# will be a problem for my tax return? I changed filing status from MFJ to MFS already. Is it just a stupid machine error, or is it something new in 2010 tax year?

Since I did not file my 2009 return, I will have to mail in my tax return either way, so e-filing vs. mailing won't be my problem at all.

Here's the thing though, I got married in China in 2009, thus my martial status changes in 2009. My first daughter was born on Dec. 13, 2009. I was wondering if there were anything I need to watch out for when filing my tax returns? For both 2009 and 2010?

I currently live and work in China for about two and a half year already. I will be moving my family to the U.S. in the near future and I am a U.S. citizen. My second daughter was born this Feb. I have not reported two child birth to the U.S. embassy yet, but I plan to do so. I wonder if there are anything I need to watch out for?

Thanks in Advance.

Edited March 30, 2011 by unionaire

[unionaire 0]

Somehow I had no permission to edit my last post. It was okay for the first time. Weird.

Anyway, one other thing is, my first baby girl is definitely my dependent. She was born in China, thus she has no SSN yet. Is it required for her to have a SSN to be claimed as a dependent?

Also bothering me is one other option, if I file as HOH, which I am, how do I include my wife as my dependent? The same problem remains that both my wife and daughter has no SSN#.

Please advise. Thanks a lot!

[unionaire 0]

okay, this is what i got so far:

Note: If you do not choose to treat your nonresident spouse as a US resident, you may be able to use head of household filing status. To use this status, you must pay more than half the cost of maintaining a household for certain dependents or relatives other than your nonresident alien spouse. For more information, refer to Head of Household and Publication 501

This information is from the IRS website directly:

http://www.irs.gov/businesses/small/international/article/0,,id=96734,00.html

Okay, problem solved for me:

Requirements for HOH:

http://www.irs.gov/businesses/small/international/article/0,,id=96729,00.html

If your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien, then you are treated as unmarried for head of household purposes. You must have another qualifying relative and meet the other tests to be eligible to file as head of household.

I have a baby girl, so I met the requirements to be HOH.

Edited March 30, 2011 by unionaire

[unionaire 0]

hmmm, one last thing, my child has no SSN. She is born in China, and I provide all the financial support for her, can I claim her as my dependent without her SSN#?

[rin and john 71]

hmmm, one last thing, my child has no SSN. She is born in China, and I provide all the financial support for her, can I claim her as my dependent without her SSN#?

First, do her a favor and get her recognized as an American citizen:

http://guangzhou.usembassy-china.org.cn/service/registration-of-new-born-baby-in-china.html

Then get her a SSN, since she is eligible:

http://guangzhou.usembassy-china.org.cn/service/federal-benefits2.html

Since you are married, it may be beneficial to file MFJ (although you would need an ITIN for your spouse). Your spouse can be considered a resident for tax purposes without ever having set foot in the USA. The tax rate for MFJ is lower than MFS; the biggest concern would be if your spouse earned a substantial income that would put you over the Foreign Earned Income Credit. Read IRS tax publication 54 for more details.

I don't think you will be able to claim your spouse as a dependent, however.

Info on ITIN:

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

For your daughter, you will need a SSN. For your wife, you will need an ITIN. Your daughter is not eligible for an ITIN as anyone eligible for an SSN (US Citizen) cannot be issued an ITIN. See page 12 of the 1040 instructions.

http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

http://www.irs.gov/publications/p54/index.html

John

[Ironman140 45]

So, what's your advice in this situation? My wife is in China, I'm in the USA and have no visits planned. She's a 14 hour train ride from the nearest US Consulate she can't get into anyway. Her interview is May 1st, for which she needs her passport. It's now February 1 and I need to file my 2010 tax return. What course of action do you recommend?

No expert on this but why can you file an extension??? .. Until Oct. She should be here by then then file correct return