F-1 student just married: does she have to file a joint tax return?

[Tiggy-JIggy 0]

Hi everybody,

not sure if this question belongs in the AOS forum or elsewhere. Although I had posted about some others issues relating to AOS here...

http://www.visajourney.com/forums/topic/332207-can-she-leave-usa-during-aos-and-risk-triggering-the-3-or-10-year-bar/

...the following is more a question about tax returns. [so if it needs to be moved, Dear Forum Administrators, please feel free to bump it elsewhere and sorry for your troubles! ]

My Korean friend who is here on an F-1 student visa is asking about submitting tax returns. Since she's an F-1 student, she has never earned income here in the USA and therefore has never filed tax returns. Last year in 2010 however she married her US citizen. Her husband is submitting his usual tax returns for 2010. (He says he is not late, because back before the standard April 15 2011 deadline, he had requested the 6 month extension which is allowed under certain circumstances).

Should the husband be submitting his returns as:

(a) 'married - filing jointly' (and just declare her income for 2010 as zero)

or

(b) 'married - filing seperately' (and she would just continue to not file anything at all) ?

I realize this may be more a question for a tax accountant, but no harm in checking on this forum first in case there are immigration implications they need to be aware of...

Edited October 24, 2011 by Tiggy-JIggy

[bigdog 376]

You file married in the year you were married.

[skiptex 225]

I realize this may be more a question for a tax accountant, but no harm in checking on this forum first in case there are immigration implications they need to be aware of...

sorry.. you said they married in 2010 (missed that part).. yes.. tax year 2010 ( form that was supposed to be filed by April 15 2011) would be the Correct Tax year/form..

you need to talk to cpa/tax person about jointly or file separately (how does he already NOT know this since they married in 2010.. there was plenty of time to get this information already.. but he got extension.. just don't be late! LOL )

i only file for myself..

Edited October 24, 2011 by skiptex

[Tiggy-JIggy 0]

You file married in the year you were married.

Thanks, BigDog, but 'married - filing jointly' or 'married - filing seperately' ?

[skiptex 225]

Thanks, BigDog, but 'married - filing jointly' or 'married - filing seperately' ?

here is what i googled..

http://www.foxbusiness.com/personal-finance/2011/06/02/does-married-filing-separately-make-sense/

http://en.wikipedia.org/wiki/Filing_Status_(federal_income_tax)#Determining_Your_Filing_Status

[Jojo92122 1,924]

Hi everybody,

not sure if this question belongs in the AOS forum or elsewhere. Although I had posted about some others issues relating to AOS here...

http://www.visajourney.com/forums/topic/332207-can-she-leave-usa-during-aos-and-risk-triggering-the-3-or-10-year-bar/

...the following is more a question about tax returns. [so if it needs to be moved, Dear Forum Administrators, please feel free to bump it elsewhere and sorry for your troubles! ]

My Korean friend who is here on an F-1 student visa is asking about submitting tax returns. Since she's an F-1 student, she has never earned income here in the USA and therefore has never filed tax returns. Last year in 2010 however she married her US citizen. Her husband is submitting his usual tax returns for 2010. (He says he is not late, because back before the standard April 15 2011 deadline, he had requested the 6 month extension which is allowed under certain circumstances).

Should the husband be submitting his returns as:

(a) 'married - filing jointly' (and just declare her income for 2010 as zero)

or

(b) 'married - filing seperately' (and she would just continue to not file anything at all) ?

I realize this may be more a question for a tax accountant, but no harm in checking on this forum first in case there are immigration implications they need to be aware of...

The husband filed for an extension to file his taxes and has until October 17, 2011, to file his 2010 federal tax return. (He had to make an estimated payment of all taxes due on April 18, 2011 - extension for filing does not mean an extension from paying.)

His marital status on Dec. 31, 2010, is his marital status for the entire year. He was married on that day, then he was married for the entire tax year for tax purposes.

He and his wife can file a joint return, or he can file married filing separately. Since the wife had no income in 2010, filing a joint return will net them a better result since they will owe less in taxes compare to filing separately. To file jointly, the wife will need a SSN or ITIN.

Your friendly neighborhood tax guy.

Edited October 24, 2011 by Jojo92122

[skiptex 225]

The husband filed for an extension to file his taxes and has until October 17, 2011, to file his 2010 federal tax return. (He had to make an estimated payment of all taxes due on April 18, 2011 - extension for filing does not mean an extension from paying.)

Your friendly neighborhood tax guy.

umm.. isn't todays date 10/24/2011

Edited October 24, 2011 by skiptex

[Jojo92122 1,924]

umm.. isn't todays date 10/24/2011

Their return is late. They will have to pay a penalty.

[skiptex 225]

Their return is late. They will have to pay a penalty.

ooops!

i worked for the IRS Center in Austin in the 1040ez section.. wow., that place is a mad house!

[Tiggy-JIggy 0]

Your friendly neighborhood tax guy.

Thanks, JoJo!