spouses's income abroad

[Matt1968 13]

I forgot to add, if you're getting close to the deadline you can always file for an extension. I'll be doing that for my state taxes while i wait for my wife's ITIN number.

Matt

[rkk1 34]

Hello,

If you are filing MFJ, you will need:

1: W-7 form(this is for you spouse to receive an Taxpayer Identification number for tax purposes, only use if your spouse doesn't already have a SS#)

2: Your 1040 tax return

3: Form 2555(ez)-Foreign earned Income exclusion Form

4: Notarized copy of your spouse's passport

5: Declaration letter from you spouse tell the IRS he/she was a non-resident the last day of 2011 and that you and him/her both elect for him/her to be treated as a resident alien for the entire year for tax purposes.

You would send all this in together to:

Internal Revenue Service

ITIN Operations

P.O. Box 149342

Austin, TX 78714-9342

You cannot e-file this way you can only send it in snail mail. For MFS I've seen people say you don't need an W-7 form, but I didn't pay to much attention to MFS, because once I saw how much I would get back when MFJ, I completely shut MFS out of my mind.

Matt

Thanks so much for this list! It's helpful to see things written out. I'm wondering if there will be any problem if we don't get the Apostille, but simply the notarization/certification of copy (which can be done in his city, instead of him having to travel 8 hours roundtrip for the Apostille).

Your comment made me wonder just how much one would save by filing jointly as opposed to separately. I did an online search and found this: http://taxes.about.com/od/deductionscredits/qt/standard.htm From what I'm reading, it seems like a couple like us (with one spouse abroad) could save up to $5k this way ($11,900 deduction for jointly vs $5,950 for separately). I wasn't sure if this is what it means or if I'm understanding it correctly, but that is certainly a lot of money! I'm sure once I talk to my husband about this tonight, he'll be on board once he realizes how much he is saving me.

[alizon 77]

Thanks so much for this list! It's helpful to see things written out. I'm wondering if there will be any problem if we don't get the Apostille, but simply the notarization/certification of copy (which can be done in his city, instead of him having to travel 8 hours roundtrip for the Apostille).

Your comment made me wonder just how much one would save by filing jointly as opposed to separately. I did an online search and found this: http://taxes.about.com/od/deductionscredits/qt/standard.htm From what I'm reading, it seems like a couple like us (with one spouse abroad) could save up to $5k this way ($11,900 deduction for jointly vs $5,950 for separately). I wasn't sure if this is what it means or if I'm understanding it correctly, but that is certainly a lot of money! I'm sure once I talk to my husband about this tonight, he'll be on board once he realizes how much he is saving me.

Yup, you're right about the deductions. It makes a big difference.

As for notarization, it has to be someone who can verify the legitimacy of the document, which means even many notaries in the US can't do it because they can only swear to the veracity of a signature on a document, not the document itself. In our case, my tax preparer was able to verify the passport because they have been designated an "agent of acceptance" (or something like that) by the IRS. So basically I'm saying it can't just be any notary. I don't know who to go to abroad...

[rkk1 34]

In addition to Matt's helpful list, did any of your spouses also have to get any sort of documentation from their home country attesting to the amount of income grossed for the year? On the w-7 form it asks for the income in Dollars earned abroad, but doesn't seem to ask for any sort of proof (at least not that I've noticed). I would simply like to know in case he needs to seek out any documentation for his income and income taxes, so that there are no additional delays once I send him the forms. Although I could file an extension for taxes, I don't want us not having submitted taxes yet to delay our visa application another several months.

[L+T 71]

Hi all. I read through the recent tax thread that was posted a few days back. I'll be filing taxes with my accountant this week, and will be filing as married (despite the fact that my husband isn't living here yet). I wasn't sure if I was supposed to file as 'married filing separately' or 'married filing jointly'. My dad suggested I either file as head of household (if allowed) or as married filing jointly.

Anyway, what I'm wondering is... if filing in either of the above categories, does my husband need to submit his income? My husband has studied accounting in India, and he firmly states that he does not have to pay US taxes as he has never made any money in/from the US. (He has never set foot in the US to date.) All his money is made in India, and thus he only pays taxes in India. I told him that maybe things are different since he's married to a US citizen, but he says this doesn't change things as far as taxes go.

Furthermore, by US standards my husband makes very little (though by his standards his family is upper middle class). His equivalent US income is only about $300-400 per month (though this money obviously has much more purchasing power in India). So I don't even know if that money is considered taxable or not by US laws as it is very little.

My plan is to get the paperwork from the accountant this week, and scan and email it to my husband to get his signatures and have him snail-mail me his documents back (as we have to get everything in before April 15th tax day).

Would this plan work? Do I need any copies of my husband's income or taxes paid in India, or anything else that you guys can suggest? Thanks!

To file Head of Household, you must be supporting someone who lives in your home, like child or nephew or friend.... if this is not the case, you must file married jointly, or married seperate. If the spouse makes very little, likely better to file joint, as they become a tax deduction for you. On the other hand, this would make filing more complicated as you have now foreign income... would likely need tax professional. If they make nothing, it is easy, joint return.

[lubnajavid 20]

for those doing their own taxes- are you using something like turbotax?

if so - online or download version?

iv been putting this off - did a trial run with h&r bloc online and it didnt have all the tax forms apparently - i know im going to have to print the docs and attach to the w-7 and then i was by my local tax office i could just give it all to them and they would send it off... but im wondering what people are using - online or not?

[lubnajavid 20]

once the W-7 has been processed - i was told that the ITIN will be mailed to the US address if you provide it on that form - thats information i got straight from the local tax office when i met with them.

[LoveTurtle 2]

You cannot e-file this way you can only send it in snail mail. For MFS I've seen people say you don't need an W-7 form, but I didn't pay to much attention to MFS, because once I saw how much I would get back when MFJ, I completely shut MFS out of my mind.

Hi, I have been reading the news here to learn about life in US, once I intend to move and live there with my fiance when we get married and have me a green-card.

I got interested in knowing more about this MFJ information of "getting a higher tax refund".

We intend to get married in December this year, so he could do the MFJ option for 2012 and he would get me in his tax return (which would be good for our CR1) and also have a better tax refund...

I have a Federal life time pension and that is much less than 90K. How could I tell this to my fiance that he could do it for 2012?

Thanks in advance

Edited March 10, 2012 by LoveTurtle

[rkk1 34]

I just finished talking with my husband. At first he was resistant to the idea of filing jointly, as for him to get the Apostille from Delhi requires a full-day's journey (and leave from his work). However, once he realized the cost savings for me by filing jointly, he agreed to do it (of course, this was after much teasing me about what he would get in return, as he realized he had the upper hand since I am the one who needed the favor). He was saying that he would wait for me to email him the documents from my family's accountant, but I told him that there is no need to wait as he only has to get the Apostille for his passport (which he already has with him). So he'll be going in the next few days, as he said there is some kind of Minister of Affairs office in Delhi where he thinks Apostille is available. But I just wanted to confirm with you all that only the passport has to be Apostilled, as he told me that it is difficult enough for him to take a day off already and would be an extreme hardship for him to take a 2nd day off and go back there in case some other documents needed to be Apostilled as well.

Can anyone confirm that only the notarized copy of the passport needs Apostille? I hope there aren't any other documents that would require him to have to travel to another city to obtain again (as he lives in a small city). From the list that Matt sent it doesn't appear he needs to get anything further... unless it some kind of government income documentation that I was asking about earlier. I just wanted to check so that he doesn't have to take off work a 2nd time to get this done. Thanks!

Edited March 10, 2012 by rkk1

[lubnajavid 20]

if he is going to that effort....

other documents listed include, driving license (if it has a picture), national is card (again if it has picture id), birth certificate,

i would get him to get these notaized or apostilled (they dont offer that in pak) as he can.

Then complete the W-7 and when he snail mails your return send these also.

You should look up W-7 requirements from the www.irs.gov site also

Edited March 10, 2012 by lubnajavid

[yachachiq12 43]

I just finished talking with my husband. At first he was resistant to the idea of filing jointly, as for him to get the Apostille from Delhi requires a full-day's journey (and leave from his work). However, once he realized the cost savings for me by filing jointly, he agreed to do it (of course, this was after much teasing me about what he would get in return, as he realized he had the upper hand since I am the one who needed the favor). He was saying that he would wait for me to email him the documents from my family's accountant, but I told him that there is no need to wait as he only has to get the Apostille for his passport (which he already has with him). So he'll be going in the next few days, as he said there is some kind of Minister of Affairs office in Delhi where he thinks Apostille is available. But I just wanted to confirm with you all that only the passport has to be Apostilled, as he told me that it is difficult enough for him to take a day off already and would be an extreme hardship for him to take a 2nd day off and go back there in case some other documents needed to be Apostilled as well.

Can anyone confirm that only the notarized copy of the passport needs Apostille? I hope there aren't any other documents that would require him to have to travel to another city to obtain again (as he lives in a small city). From the list that Matt sent it doesn't appear he needs to get anything further... unless it some kind of government income documentation that I was asking about earlier. I just wanted to check so that he doesn't have to take off work a 2nd time to get this done. Thanks!

Sorry if I missed this further up the thread, but you did indeed do a practice calculation to be sure that you really would save significantly more by doing MFJ, right? I remember you saying in another thread that you are/were recently a student, so if you aren't making that much and therefore not paying much in taxes anyway, you may not get much more money by doing MFJ. When we had our first year of taxes together and I was making little as a student and he was earning in Peru, there was zero difference for us between MFJ and MFS.

Also, this is personal and maybe not welcome but tell your husband that a larger tax refund for you is a larger tax refund for you both as a couple. You are married, right? It's a partnership and he can't hold this over you as if it were a favor to an acquaintance. I apologize if I'm out of line...

Changing subject: About documenting his foreign income, keep documentation if you have it. If it isn't available, make a little spreadsheet yourselves and file it away in case you're ever audited.

[Matt1968 13]

for those doing their own taxes- are you using something like turbotax?

if so - online or download version?

iv been putting this off - did a trial run with h&r bloc online and it didnt have all the tax forms apparently - i know im going to have to print the docs and attach to the w-7 and then i was by my local tax office i could just give it all to them and they would send it off... but im wondering what people are using - online or not?

Hello,

I was at work, so I couldn't answer. I used turbo tax. I purchased it in the store. I figure If i'm going to do my own taxes i want to make sure I have the best. I never used the free version, but I don't mind paying 54.00 for the store bought version. All I can say is, I wish I found Turbo Tax sooner, it was a breeze. You can do your taxes MFJ, MFS or single and see which one is the best. Only thing that sucks is you have to print it out and mail it in if filing MFJ. But I feel it's worth it.

Matt

once the W-7 has been processed - i was told that the ITIN will be mailed to the US address if you provide it on that form - thats information i got straight from the local tax office when i met with them.

That's correct.

[Matt1968 13]

You cannot e-file this way you can only send it in snail mail. For MFS I've seen people say you don't need an W-7 form, but I didn't pay to much attention to MFS, because once I saw how much I would get back when MFJ, I completely shut MFS out of my mind.

Hi, I have been reading the news here to learn about life in US, once I intend to move and live there with my fiance when we get married and have me a green-card.

I got interested in knowing more about this MFJ information of "getting a higher tax refund".

We intend to get married in December this year, so he could do the MFJ option for 2012 and he would get me in his tax return (which would be good for our CR1) and also have a better tax refund...

I have a Federal life time pension and that is much less than 90K. How could I tell this to my fiance that he could do it for 2012?

Thanks in advance

I'm sorry, are you asking how can you convince him? Once you're married, you have to file married, either seperatly or jointly. Others have said they filed single and chosen to amend it later, but I don't believe in taking chances. Even if you are married for one day you can file married which would cover the entire year. The exemption with filing jointly is usually pretty substantial. I'm getting back double what i would have gotten if I filed single or seperatly. Wait til you're married and grab a turbo tax or go to a tax professional who knows how to file taxes the right way. Many people on here come back saying a tax expert told them they had to file single since their spouse wasn't here. Lie. Good luck.

Matt

[Matt1968 13]

"I just finished talking with my husband. At first he was resistant to the idea of filing jointly, as for him to get the Apostille from Delhi requires a full-day's journey (and leave from his work). However, once he realized the cost savings for me by filing jointly, he agreed to do it (of course, this was after much teasing me about what he would get in return, as he realized he had the upper hand since I am the one who needed the favor). He was saying that he would wait for me to email him the documents from my family's accountant, but I told him that there is no need to wait as he only has to get the Apostille for his passport (which he already has with him). So he'll be going in the next few days, as he said there is some kind of Minister of Affairs office in Delhi where he thinks Apostille is available. But I just wanted to confirm with you all that only the passport has to be Apostilled, as he told me that it is difficult enough for him to take a day off already and would be an extreme hardship for him to take a 2nd day off and go back there in case some other documents needed to be Apostilled as well.

Can anyone confirm that only the notarized copy of the passport needs Apostille? I hope there aren't any other documents that would require him to have to travel to another city to obtain again (as he lives in a small city). From the list that Matt sent it doesn't appear he needs to get anything further... unless it some kind of government income documentation that I was asking about earlier. I just wanted to check so that he doesn't have to take off work a 2nd time to get this done. Thanks!"

Hello,

This is from the website concerning what's needed for proof of ID:

What documents are acceptable as proof of Identity and Foreign Status?

The IRS has revised the list of documents acceptable as proof of identity and foreign status. An original and valid passport is the only document acceptable as proof of identity and foreign status.

Remember: If you submit an original valid passport (or a notarized or certified copy of a valid passport), you do not need to submit any other documents from the list below

If you do not provide your passport, you must submit a combination of (at least 2 or more) current and valid documents from the list below. These documents (or their combination) should verify

Your identity, i.e., contain your name & photograph

Support your claim of foreign status

National identification card (must show photo, name, current address, date of birth and expiration date)

U.S. driver's license

Civil birth certificate

Foreign driver's license

US state identification card

Foreign voter's registration card

US military identification card

Foreign military identification card

Visa

US Citizenship and Immigration Services (USCIS) photo identification

Medical records (dependents only)

School records (dependents and/or students only)

So, a notarized copy of your passport is all that is needed. But if you do not have it, then other forms of ID is needed.

Matt

Edited March 10, 2012 by Matt1968

[Matt1968 13]

"I just finished talking with my husband. At first he was resistant to the idea of filing jointly, as for him to get the Apostille from Delhi requires a full-day's journey (and leave from his work). However, once he realized the cost savings for me by filing jointly, he agreed to do it (of course, this was after much teasing me about what he would get in return, as he realized he had the upper hand since I am the one who needed the favor). He was saying that he would wait for me to email him the documents from my family's accountant, but I told him that there is no need to wait as he only has to get the Apostille for his passport (which he already has with him). So he'll be going in the next few days, as he said there is some kind of Minister of Affairs office in Delhi where he thinks Apostille is available. But I just wanted to confirm with you all that only the passport has to be Apostilled, as he told me that it is difficult enough for him to take a day off already and would be an extreme hardship for him to take a 2nd day off and go back there in case some other documents needed to be Apostilled as well.

Can anyone confirm that only the notarized copy of the passport needs Apostille? I hope there aren't any other documents that would require him to have to travel to another city to obtain again (as he lives in a small city). From the list that Matt sent it doesn't appear he needs to get anything further... unless it some kind of government income documentation that I was asking about earlier. I just wanted to check so that he doesn't have to take off work a 2nd time to get this done. Thanks!"

Hello,

This is from the website concerning what's needed for proof of ID:

What documents are acceptable as proof of Identity and Foreign Status?

The IRS has revised the list of documents acceptable as proof of identity and foreign status. An original and valid passport is the only document acceptable as proof of identity and foreign status.

Remember: If you submit an original valid passport (or a notarized or certified copy of a valid passport), you do not need to submit any other documents from the list below

If you do not provide your passport, you must submit a combination of (at least 2 or more) current and valid documents from the list below. These documents (or their combination) should verify

Your identity, i.e., contain your name & photograph

Support your claim of foreign status

National identification card (must show photo, name, current address, date of birth and expiration date)

U.S. driver's license

Civil birth certificate

Foreign driver's license

US state identification card

Foreign voter's registration card

US military identification card

Foreign military identification card

Visa

US Citizenship and Immigration Services (USCIS) photo identification

Medical records (dependents only)

School records (dependents and/or students only)

You can submit copies of original documents. Copies will not be returned. These copies must either by:

certified by the issuing agency or official custodian of the original record OR

notarized by a US notary public

If you submit your original documents they will be returned. You need not provide a return envelope for this purpose. If your originals are not returned within 60 days call the IRS at the telephone assistance number. Keep a copy of your application for your records. To be on the safe side, mail your application by insured mail so that you receive a receipt. Avoid using originals if the copies can work.

So, a notarized copy of your passport is all that is needed. But if you do not have it, then other forms of ID is needed.

Matt

The bold is what I added to the post.

Matt