TAX DEBACLE: Aff O S CONFUSION

[NinjaLadyBug 23]

I just wanted to double check something before I filed...

My husband and I were advised to file separately early this year (single). The tax guy said "me and my wife have never filed jointly or married separate - we get a bigger return when we file 'single'. Its no big deal.... " so he went ahead and filed the return with both of us as "SINGLE". I felt uneasy about filing single so I looked it up on the IRS website the second we got home to see if we had done the right thing. We had NOT! So, I called him and told him that he ill advised us! He said to wait till we had the direct deposit and he would redo the return for free (heck yea you're doing it for free!!).

So after a week we stormed back into the office and he redid the return as married jointly for 2010 and we sent the IRS a BIG check of what we actually owed...

My questions are as follows...

1. We ordered our TAX RETURN TRANSCRIPTS (as stated in the 864) but it does not reflect the updated changes. Only the TAX ACCOUNT TRANSCRIPTS shows that we are filed as married with the updated combined income but it does not have the detail that USCIS wants. The IRS clearly says (in their automated system) that the TAX RETURN TRANSCRIPTS will only show the return AS ORIGINALLY FILED and will not reflect any changes made with an amended return....

So if USCIS wants a TAX RETURN TRANSCRIPTS, we have to submit the one with the wrong filing status and only my husbands income???? Is there any other document that any of you know, that would suffice. I dont want USCIS to think we deliberately filed taxes incorrectly and have not corrected the issue because we paid back all that was owed and refiled it correctly as soon as we could.... Can we send in the signed 1040EX(amended return) form we filled out with the TAX ACCOUNT TRANSCRIPTS to show that we actually did file that return with the IRS?

2. My second questions is, how do we reflect the totals on the return? My husband is filing the affidavit of support and makes enough on his own, but because the return is joint both of our incomes should be recorded on the form correct? (even though we are not using my income to qualify)

To clarify, HIS income alone goes here: 23. My current individual annual income is: $___________[/b]

HIS also goes here: 24. My current annual household income:

a. List your income from line 23 of this form. $___________

Now this one is tricky for me.....

b. Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See step-by-step instructions.) Please indicate name, relationship and income

This line suggests that if I put my income down, we are using my income to qualify which we are not(nor do we want to fill out a 864A for no reason). We just want the total line below to reflect our house hold income size c. Total Household Income:

if I check "e.The person listed above XXXXX does not need to complete Form I-864A because he/she is the intending immigrant and has no accompanying dependents." does this rectify this question. I don't want to have to find my pay stubs or get a letter from my employer etc if I dont have to..... Will I have to regardless because the return is joint?

So confused and I really dont want an FRE for filling this form out incorrectly!!! Do I have it right???

[Brother Hesekiel 2,236]

You should list the name and address of your "tax guy."

He's the equivalent to a child molester who work in the local Kindergarten and innocently smiles at the young' ones, gives 'em a hug.

Scary.

[NinjaLadyBug 23]

Whats scary is that he's not the only one. I went to the H& R Block and the confusion on this topic is much broader than one would think. They do it because tax 'pro's' know that the IRS rarely audits peoples filing statuses and most people who go along with this mistake never go back and change it if they ever findo out.... I now know WAAAY more about taxes than I ever thought (or wanted) I would and until I find someone we can trust, I'm doing our taxes....

Well, hopefully someone has an answer for my two questions....

[pushbrk 13,076]

1. Supply a photocopy of the complete actual tax return including W2 and all forms and schedules instead of a transcript.

2. State current income as current income. Unless your husband is self employed, the tax return is used to reflect past income. Only the self employed use numbers from a tax return for current income. If self employed, he states only HIS income from the return. If employed, he states HIS current income and documents it with a pay stub and/or employer letter.

[Guinness 3]

Just one more reason the whole tax code should be thrown and a flat tax implemented