Need some Tax info help

[Jen and Geert 4]

I'm trying to get all the forms together to finish my tax return for 2010 and since I did married filing jointly I need to make sure I get all the right forms, I did some reading in some other threads but I just want clarification on our specific situation.

I'm the u.s. citizen and I worked in the U.S. at the start of June 2010 and husband was in his country in the Netherlands for all of 2010 except when he visited from Dec. 8 2009 - Feb. 8 2010 but only as a tourist.

I want to use the foreign income exclusion as he received government benefits which are taxable in his country, but it's a small amount and way under the $90,000+

What forms do I need for sure and what else is included to send in with my tax return and can we do this without having to file for an itin number?

so far I think we need, correct me if I am wrong.

-1040EZ

-2555 foreign earned income

-A declaration to treat non u.s. resident as a u.s. resident (is this something we write ourselves and who signs it?)

Any help/advice on the steps I need to take would be appreciated as I just want to get this done and over with.

Thanks,

Jen and Geert

[Anh map 2,098]

He will need either a SSN or a ITIN.

[Me and my wife 9]

I'm trying to get all the forms together to finish my tax return for 2010 and since I did married filing jointly I need to make sure I get all the right forms, I did some reading in some other threads but I just want clarification on our specific situation.

I'm the u.s. citizen and I worked in the U.S. at the start of June 2010 and husband was in his country in the Netherlands for all of 2010 except when he visited from Dec. 8 2009 - Feb. 8 2010 but only as a tourist.

I want to use the foreign income exclusion as he received government benefits which are taxable in his country, but it's a small amount and way under the $90,000+

What forms do I need for sure and what else is included to send in with my tax return and can we do this without having to file for an itin number?

so far I think we need, correct me if I am wrong.

-1040EZ

-2555 foreign earned income

-A declaration to treat non u.s. resident as a u.s. resident (is this something we write ourselves and who signs it?)

Any help/advice on the steps I need to take would be appreciated as I just want to get this done and over with.

Thanks,

Jen and Geert

Nope, you can not use 1040ez. You have to use 1040 form. You need W-7 signed by your spouse to apply for ITIN. Besides, the joined tax return form (1040 form) has to be signed by both. You can take a help in filing your tax return that offers free tax return. Make sure you go to IRS agent to verify all your returns and documents. You will get stamp in each of the copy documents you submit. You need:

W-7 signed by both

1040 form signed by both

notorized copy of your spouse passport

form to exclude foreign tax

[Jen and Geert 4]

how long does it take to receive the itin then?

and what type of notary for the passport?

Edited March 17, 2011 by Jen and Geert

[Jen and Geert 4]

I'm confused wouldn't my husband qualify for the SSN now that he has the IR-1 Stamp or is that only till once he has entered POE and started living here and given the permanent GC.

[Me and my wife 9]

I'm confused wouldn't my husband qualify for the SSN now that he has the IR-1 Stamp or is that only till once he has entered POE and started living here and given the permanent GC.

I think I am confused with your question. Is your spouse already inside the united states and approved for IR1? If he is living in the united states now, he can apply for SSN. Forget about ITIN.

When you are claiming for foreign income exclusion, you can only use 1040 form.

[Anh map 2,098]

He was not a US citizen or LPR during 2010 (edit: and he did not earn any US income) so his income will not be reported to the IRS. In order for you two to file a joint return (and get the deduction for the both of you) he needs a SSN or ITIN. If he has now entered the US then use his SSN.

Edited March 17, 2011 by Anh map

[Me and my wife 9]

He was not a US citizen or LPR during 2010 (edit: and he did not earn any US income) so his income will not be reported to the IRS. In order for you two to file a joint return (and get the deduction for the both of you) he needs a SSN or ITIN. If he has now entered the US then use his SSN.

When someone apply for ITIN for joint tax return, he is treated as a resident alient for the tax purpose. He should report his income in tax return as resident alien is taxed earned around the world. If someone chose not to report his income, that is upto him. But by the rules, he has to.

[Jen and Geert 4]

He was not a US citizen or LPR during 2010 (edit: and he did not earn any US income) so his income will not be reported to the IRS. In order for you two to file a joint return (and get the deduction for the both of you) he needs a SSN or ITIN. If he has now entered the US then use his SSN.

he has his IR-1 visa to immigrate he's in the process of packing things before moving over here (he's in the Netherlands right now), but I'm estimating he won't be able to immigrate here till mid-late April due to packing and shipping his things and we already said we wanted to apply for an SSN on the IV form, but I wanted to know if thats only activated when he moves here going through POE at airport?

He's eligible for an SSN right? It mentioned on IRS website to not fill out an itin if your eligable for an SSN so I'm confused on what I should do, that and the Tax filing deadline is in april.

I hope this clarifies our situation a bit better.

I put married filing jointly on my W-4 as we have been married for over 2 years now , I want his foreign income excluded since he was not a u.s. resident for 2010 but I wanted the benefit of filing joint, so can I count him as a u.s. resident for 2010 and exclude his income?

and what should I do about the itin or ssn number?

Thank you for your advice

[Anh map 2,098]

He will be eligible for the SSN when he activates the visa upon entering the US. Right now he isn't eligible.

His foreign income doesn't matter to the US because he was not a citizen or LPR when it was earned.

If you were married in 09 you could have filed jointly last year. And still can file an amended 09 return as married if that would get you any sort of refund.

Why not file for an extension, let him arrive, receive his SSN, and then file 2010, and 09 if it helps you get a few $$.

[OBX 51]

He will be eligible for the SSN when he activates the visa upon entering the US. Right now he isn't eligible.

His foreign income doesn't matter to the US because he was not a citizen or LPR when it was earned.

If you were married in 09 you could have filed jointly last year. And still can file an amended 09 return as married if that would get you any sort of refund.

Why not file for an extension, let him arrive, receive his SSN, and then file 2010, and 09 if it helps you get a few $.

Not so. To file jointly you elect to treat your non-resident spouse as a resident and you MUST report worldwide income. The OP is correct in her original post, exclude your spouse's income with 2555. BTW we both signed the declaration.

[Me and my wife 9]

Best option is file for extension. If he is moving shortly, do not apply for ITIN. File extension, wait till he comes, apply for SSN and file 2010 tax return.

[Darnell 8,478]

ya sorry - if you are filing prior to 18 april 2011, and want to include him -

must file ITIN application (W-7 form) with everything else,

to the special W-7 address in Austin Texas.