TAXES QUESTION - Does husband have to be in US for 6 months to put down Married Filing Jointly?

[Shari 6]

Who has done their taxes yet that knows the answer to this:

Keith and his son Daryl moved here September 8th. We got married in October. He does not have his green card yet so is a non-resident but has his SS card and EAD card. (AOS appt. 04/13/06). Can I put him down as my husband (married filing jointly) though he has not lived here six months? I know I cannot claim Daryl as a dependent because he has not lived here six months, but I am married and want to know if I can file married filing jointly. I would like to file this myself if possible instead of paying someone, but I'm not sure what to do.

I really want to avoid calling the IRS and right now I'm at work and can't be holding on the phone or taking up too much time. Has anyone done there taxes that had their spouse move here in 2005 and live here for less than 6 months in 2005? Thanks everyone.

[almaty 19]

nope...

[john_and_marlene 162]

If you were married before midnight Dec 31, 2005 then you have ONLY 2 choices. Married filing Jointly or Married filing separate. The choice is yours, both are valid.

There are other issues though regarding his income/status/country and whether or not you choose to treat him as a legal resident for tax purposes (not required to have the actual status).

You may want to refer to Pub 519: US Tax guide for aliens to determine what status you'll use for him.

[pax 0]

Substantial Presence Test:

http://www.irs.gov/publications/p519/ch01.html#d0e596

[john_and_marlene 162]

Substantial Presence Test:

http://www.irs.gov/publications/p519/ch01.html#d0e596

You do not have to meet the substantial presence test if you are married to a USC and elect to be considered resident for tax purposes only.

Substantial Presence Test:

http://www.irs.gov/publications/p519/ch01.html#d0e596

You do not have to meet the substantial presence test if you are married to a USC and elect to be considered resident for tax purposes only.

Farther down in the same PUB:

A similar choice is available if, at the end of the tax year, one spouse is a nonresident alien and the other spouse is a U.S. citizen or resident. See Nonresident Spouse Treated as a Resident, later. If you previously made that choice and it is still in effect, you do not need to make the choice explained here.

Making the choice. You should attach a statement signed by both spouses to your joint return for the year of the choice. The statement must contain the following information.

A declaration that you both qualify to make the choice and that you choose to be treated as U.S. residents for the entire tax year.

The name, address, and taxpayer identification number (SSN or ITIN) of each spouse. (If one spouse died, include the name and address of the person who makes the choice for the deceased spouse.)

[Mr. Big Dog 10,747]

Nani and I started filing jointly for tax year 2003 (since we married back in October of 2003) even though she never set foot into the US prior to March 2004. Forget all the presence tests. If the alien is married to a USC (or LPR), the couple can choose to treat the alien as a resident for tax purposes. IRS publication 501 / filing status details that.

[Shari 6]

Thank you, thank you, thank you all of you. I feel a lot better.

[john_and_marlene 162]

Nani and I started filing jointly for tax year 2003 (since we married back in October of 2003) even though she never set foot into the US prior to March 2004. Forget all the presence tests. If the alien is married to a USC (or LPR), the couple can choose to treat the alien as a resident for tax purposes. IRS publication 501 / filing status details that.

[els622 0]

No, he does not have to be here for six months. Any dependents (children) do though. I just did my taxes and had a similar question. You are better off because he has a SSN. Because my husband is not in the states, we can file "married filing joint" and send the return, along with the application for a Individual Tax ID (ITIN) to an address in Pennsylvania.

P.S. I did phone the IRS with my questions. It is quite anonymous.

Edited March 6, 2006 by els622

[Artegal 1]

Last year I filed for the ITIN for my wife who was still living in Peru and inelligible for a SSN. Anyway we had to do a handwritten (manual/paper) tax return and submit it to the Phildelphia office with the ITIN application. The refund took extra long to receive--a minimum of 12 weeks, it took much longer in my case. Anyway the IRS paid me interest on my delayed return. However--here is the other foot dropping. The IRS this year sent me a 1099 showing where I had earned extra income from the Interest that they paid me on my delayed return--income that I then had to declare. Bogus!

[ChristinaM 0]

Last year I filed for the ITIN for my wife who was still living in Peru and inelligible for a SSN. Anyway we had to do a handwritten (manual/paper) tax return and submit it to the Phildelphia office with the ITIN application. The refund took extra long to receive--a minimum of 12 weeks, it took much longer in my case. Anyway the IRS paid me interest on my delayed return. However--here is the other foot dropping. The IRS this year sent me a 1099 showing where I had earned extra income from the Interest that they paid me on my delayed return--income that I then had to declare. Bogus!

What a fiddle!!

Ah well, the best of America....

[Nizzy 1]

sorry to the OP for using this thread for my own personal purpose but I didn't want to start a whole new thread. Okay so what tax form do I use if I am filing as married? He didn't work last year so I am the only one filing. And, we bought a car in August 2005 so where do we put that? or do we just not put that anywhere?

[Texanadian 10]

Last year I filed for the ITIN for my wife who was still living in Peru and inelligible for a SSN. Anyway we had to do a handwritten (manual/paper) tax return and submit it to the Phildelphia office with the ITIN application. The refund took extra long to receive--a minimum of 12 weeks, it took much longer in my case. Anyway the IRS paid me interest on my delayed return. However--here is the other foot dropping. The IRS this year sent me a 1099 showing where I had earned extra income from the Interest that they paid me on my delayed return--income that I then had to declare. Bogus!

What are the odds they're gonna let you deduct any interest you owe them from past returns?