how to claim on taxes

[Cathi 5,748]

of course the marriage is recognized, if it weren't how could you file for a visa? If he is not here by the time you file it is married filing separate as he doesn't have a SS number or A number

[The Mean Lady 604]

of course the marriage is recognized, if it weren't how could you file for a visa? If he is not here by the time you file it is married filing separate as he doesn't have a SS number or A number

Well, that's why you file the W-7 for an ITIN.

[Love's JAA 100]

Im gettting ready to file my taxes for 2012 here in the US. My husband and I were married in March 2012, but not lived together since, due to me coming back here to the US to work and start his visa process. I have heard that because we were married in Morrocco, the marriage isn't recognized here in the US till his visa is complete and he arrives. Does anyone know if this is true???? I do not know how to file my taxes... married, filing seperate... or single, since he is not here yet (will be soon though ) Thanks in advance for any help!!

Election to File Joint Return

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other is a nonresident alien at the end of the year.

If you make this choice, the following rules apply:

You and your spouse are treated, for income tax purposes, as residents for all tax years that the choice is in effect,

You must file a joint income tax return for the year you make the choice, and

Each spouse must report his or her entire worldwide income on the joint income tax return

If you make this choice, you and your spouse are treated as residents for your entire tax year for the purpose of your federal individual income tax return, and for the purpose of withholding U.S. federal income tax from your wages.

Example:

Pat Smith has been a US citizen for many years. She is married to Norman, a nonresident alien. Pat and Norman make the choice to treat Norman as a resident alien by attaching a statement to their joint return. Pat and Norman must report their worldwide income for the year they make the choice and for all later years unless, the choice is ended or suspended. Although Pat and Norman must file a joint return for the year they make the choice, as long as one spouse is a US citizen or resident, they can file either joint or separate returns for later years.

How to Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following:

A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as US residents for the entire tax year, and

The name, address, and social security number (or individual taxpayer identification number) of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

You generally make this choice when you file your joint return. However, you can also make the choice by filing a joint amended return on Form 1040X, Amended U.S. Individual Income Tax Return (PDF). If you make the choice with an amended return, you and your spouse must also amend any returns that you may have filed after the year for which you made the choice.

You generally must file the amended joint return within 3 years from the date you filed your original US income tax return or 2 years from the date you paid your income tax for that year, whichever is later.

Social Security Number

If your spouse is a nonresident alien and you file a joint or separate return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). To get an SSN for your spouse, apply at a social security office or US consulate. You must complete Form SS-5. You must also provide original or certified copies of documents to verify your spouse's age, identity, and citizenship. If your spouse is not eligible to get an SSN, he or she can file Form W-7 with the IRS to apply for an ITIN.

ITIN

An ITIN, or Individual Taxpayer Identification Number, is a tax processing number only available for certain nonresident and resident aliens, their spouses, and dependents who cannot get a Social Security Number (SSN). It is a 9-digit number, beginning with the number "9", formatted like an SSN (NNN-NN-NNNN).

To obtain an ITIN, you must complete IRS Form W-7, IRS Application for Individual Taxpayer Identification Number (PDF) . The Form W-7 requires documentation substantiating foreign/alien status and true identity for each individual. You may either mail the documentation, along with the Form W-7, to the address shown in the Form W-7 Instructions, present it at IRS walk-in offices, or process your application through an Acceptance Agent authorized by the IRS. Form W-7(SP), Solicitud de Número de Identificación Personal del Contribuyente del Servicio de Impuestos Internos (PDF) is available for use by Spanish speakers.

Acceptance Agents are entities (colleges, financial institutions, accounting firms, etc.) who are authorized by the IRS to assist applicants in obtaining ITINs. They review the applicant's documentation and forward the completed Form W-7 to IRS for processing.

NOTE: You cannot claim the earned income credit using an ITIN.

Foreign persons who are individuals should apply for a social security number (SSN, if permitted) on Form SS-5 with the Social Security Administration, or should apply for an Individual Taxpayer Identification Number (ITIN) on Form W-7. Effective immediately, each ITIN applicant must now:

Apply using the revised Form W-7, Application for IRS Individual Taxpayer Identification Number; and

Attach a federal income tax return to the Form W-7.

All of the above from: http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

and related link.

[destiny64 222]

Ok, so here is something that I'm wondering also. This may only be the case for Morocco. Say you decide to file married jointly and claim your spouses income after getting an ITIN number. How do you prove your husbands income, as we all know too well , for the most part there is no paper trail in most jobs worked in Morocco. People are paid in cash .

[abdelnish83 6]

thank you Destiny64 i was wondering the same thing lol

[destiny64 222]

I will probably call the IRS this week or next, I'll let you know!

[Darnell 8,478]

Hey Pam ! What news ?