TurboTax help for Joint filing- 2012

[Donna & Paul 4]

I think that doing it the way you suggested and my initial instincts tell me we should be fine. It's pretty self-explanatory. He lived and worked in England the first half of the year, came to the US on a particular date, we got married and he had no income in the US.

That was the only error I had so I'll just type up the statement you gave an example of, we'll both sign it and I'll submit the 2555 with "unlimited" ticked and "none" in the "type of visa". I think I'll run it by my CPA friend just to be sure - this is the IRS we're talking about here.

[Nich-Nick 3,354]

I think that doing it the way you suggested and my initial instincts tell me we should be fine. It's pretty self-explanatory. He lived and worked in England the first half of the year, came to the US on a particular date, we got married and he had no income in the US.

That was the only error I had so I'll just type up the statement you gave an example of, we'll both sign it and I'll submit the 2555 with "unlimited" ticked and "none" in the "type of visa". I think I'll run it by my CPA friend just to be sure - this is the IRS we're talking about here.

Sounds good to me. What I did was use the Form 2555 calculations and filled out the form 2555EZ myself and mailed that instead. Much shorter if you aren't trying to get all those housing reimbursements that Americans who work abroad can get. It doesn't ask questions about the visa to work abroad.

Form 2555-EZ

[rlogan3030 6]

Ok here is my question, I am also using Turbo Tax and intending on filing Married filing separately.Since the hubby still lives in Nigeria until April.Anyhow of course I dont have a social security number nor a itin for him.What should I put in the spot for those.I tried typing NRA and not allowed. Can I efile and do I need to ammend after his arrival. My return is done except for this issues . Thank you so much for any help you can provide. Good luck to all in their journeys!

[Nich-Nick 3,354]

Ok here is my question, I am also using Turbo Tax and intending on filing Married filing separately.Since the hubby still lives in Nigeria until April.Anyhow of course I dont have a social security number nor a itin for him.What should I put in the spot for those.I tried typing NRA and not allowed. Can I efile and do I need to ammend after his arrival. My return is done except for this issues . Thank you so much for any help you can provide. Good luck to all in their journeys!

I don't know the answer to your question. Have you tried 000 00 0000? Then try the efile and see if it is accepted.

You aren't filing to get any special benefits by having a spouse, so his number is more for cross reference in case he files a return or is claimed by another taxpayer, which he is not. So that kinda answers the all zero thing. Surely somebody else has already done the same, so Mr. 000 00 0000 is already in the system and would be kicked out. Foreign people can get an itin, but it's kind of a pain and slow and probably especially difficult from Nigeria.

I'm kinda guessing you are going to have to print and mail the return. While e-filing is a convenience, computers can't handle every exception, so a person will have to handle yours. You do not need to amend your return, but you may want to. Filing jointly with him (if you married in 2012) will give you a better tax break. For a "what if", start a new return to figure your taxes as joint, reporting his 2012 Nigerian income, and taking the foreign income exclusion. If it's better than your current return, then when he gets a SSN, file an amended return and get some money back.

[rlogan3030 6]

I don't know the answer to your question. Have you tried 000 00 0000? Then try the efile and see if it is accepted.

You aren't filing to get any special benefits by having a spouse, so his number is more for cross reference in case he files a return or is claimed by another taxpayer, which he is not. So that kinda answers the all zero thing. Surely somebody else has already done the same, so Mr. 000 00 0000 is already in the system and would be kicked out. Foreign people can get an itin, but it's kind of a pain and slow and probably especially difficult from Nigeria.

I'm kinda guessing you are going to have to print and mail the return. While e-filing is a convenience, computers can't handle every exception, so a person will have to handle yours. You do not need to amend your return, but you may want to. Filing jointly with him (if you married in 2012) will give you a better tax break. For a "what if", start a new return to figure your taxes as joint, reporting his 2012 Nigerian income, and taking the foreign income exclusion. If it's better than your current return, then when he gets a SSN, file an amended return and get some money back.

Thank you for your response. I did try 000-00-0000 but it states not valid. Oh well I guess I will print out and Write in NRA at this time. To bad you cant use alien number provided on NOA2 in place of SS#.

[Nich-Nick 3,354]

Thank you for your response. I did try 000-00-0000 but it states not valid. Oh well I guess I will print out and Write in NRA at this time. To bad you cant use alien number provided on NOA2 in place of SS#.

Alien number is USCIS and SSN is for IRS so two different government agencies who don't really talk to each other. I read an article about illegals using fake social security numbers. As many as 20 worked and filed taxes using the same SSN, and the IRS didn't care. I guess we know their e-file would be rejected though, if there was already a return filed with that number. E-filing can get very fussy.

[didopage 337]

Hey Nich-Nick,

If we arrived with a K-1 on 2012, got married and received the green card in 2012 too, do we still need to write a statement to be treated as a resident for the whole year? It's kinda unclear to me...

[erica_itz 5]

I arrived in 2012, got married in 2012, but didn't earn any income in Brazil during 2012. Does it change anything?

Also, just out of curiosity. I got my green card february 2013. Must I submit the statement to be treated as a resident for the whole year next year? Because in 2013 I wasn't a LPR during the first month of the year...

[X Factor 1,112]

That makes is simple if you didn't earn any income in Brazil. You can file jointly with your spouse and most like you will benefit more.

[newacct 688]

Also, just out of curiosity. I got my green card february 2013. Must I submit the statement to be treated as a resident for the whole year next year? Because in 2013 I wasn't a LPR during the first month of the year...

No, if you are an LPR any time during the year, you're a resident.

[Nich-Nick 3,354]

Hey Nich-Nick,

If we arrived with a K-1 on 2012, got married and received the green card in 2012 too, do we still need to write a statement to be treated as a resident for the whole year? It's kinda unclear to me...

It is unclear because it's written to everybody who had any reason to be in the US so there are many, many scenarios. People who never plan to get a greencard can be resident aliens by their presence on a work visa for example and meeting the substantial presence test. For a K1, I believe that if you at anytime in 2012 have a greencard, you meet the "greencard test" and are a resident alien. So no special statement needed. You already qualify because of the greencard in 2012.

I arrived in 2012, got married in 2012, but didn't earn any income in Brazil during 2012. Does it change anything?

Also, just out of curiosity. I got my green card february 2013. Must I submit the statement to be treated as a resident for the whole year next year? Because in 2013 I wasn't a LPR during the first month of the year...

This case of being married in 2012, but not having a greencard is an example where they can elect for her to be a resident alien for tax purposes in 2012 and file a joint return even without meeting the greencard test or substantial presence test. Your marriage to a USC and making the choice with the statement givesyou the privilege. If you earned no money in Brazil, then you don't need to know how to fill out the Foreign Income Exclusion Form 2555 because there is no foreign income.

Once you make the election, it stands unless you revoke it. However with K1s, most are going to have their greencard (as you do) in 2013 so qualify for 2013 anyway.

Let's say you married in 2010 and didn't come to the US until 2012. You and hubby could have filed 2010 jointly making the election statement and it would still be in effect for 2011.

[erica_itz 5]

Thanks for the great answers!

It is unclear because it's written to everybody who had any reason to be in the US so there are many, many scenarios. People who never plan to get a greencard can be resident aliens by their presence on a work visa for example and meeting the substantial presence test. For a K1, I believe that if you at anytime in 2012 have a greencard, you meet the "greencard test" and are a resident alien. So no special statement needed. You already qualify because of the greencard in 2012.

This case of being married in 2012, but not having a greencard is an example where they can elect for her to be a resident alien for tax purposes in 2012 and file a joint return even without meeting the greencard test or substantial presence test. Your marriage to a USC and making the choice with the statement givesyou the privilege. If you earned no money in Brazil, then you don't need to know how to fill out the Foreign Income Exclusion Form 2555 because there is no foreign income.

Once you make the election, it stands unless you revoke it. However with K1s, most are going to have their greencard (as you do) in 2013 so qualify for 2013 anyway.

Let's say you married in 2010 and didn't come to the US until 2012. You and hubby could have filed 2010 jointly making the election statement and it would still be in effect for 2011.

[didopage 337]

It is unclear because it's written to everybody who had any reason to be in the US so there are many, many scenarios. People who never plan to get a greencard can be resident aliens by their presence on a work visa for example and meeting the substantial presence test. For a K1, I believe that if you at anytime in 2012 have a greencard, you meet the "greencard test" and are a resident alien. So no special statement needed. You already qualify because of the greencard in 2012.

Great, thanks! I read the whole IRS chapter about non-resident/dual/resident status but, even if I meet both the substantial presence test and the green card test, I couldn't figure it out if I was considered a resident for tax purposes for the whole year OR starting at the point of POE (presence test) OR at the time of my residency approved (green card test). Some of their sentences are unprecised and can be understood in many different ways.

Anyway, what you said makes me feel better, we filed electronically with TurboTax so no statement attached...

[Nich-Nick 3,354]

Great, thanks! I read the whole IRS chapter about non-resident/dual/resident status but, even if I meet both the substantial presence test and the green card test, I couldn't figure it out if I was considered a resident for tax purposes for the whole year OR starting at the point of POE (presence test) OR at the time of my residency approved (green card test). Some of their sentences are unprecised and can be understood in many different ways.

Anyway, what you said makes me feel better, we filed electronically with TurboTax so no statement attached...

Okay, I think I've changed my mind for your case. I re-read the full dual status thing on p. 7

If you meet both the substantial presence test and the green card test, your residency starting date is the earlier of the first day during the year you are present in the United States under the substantial presence test or as a law- ful permanent resident.

Your specific case seems dual status and resident from April ? POE date. Dual status can't file jointly. Writing the statement makes you resident the whole year. I know you already filed and I seriously doubt the IRS will even notice you. You have filed an honest and correct return money wise and that's what IRS seems to be most concerned about.

[smashrun 10]

How about filing foreign earned income when income was from a non-tax treaty country? Would that change anything? From what I can figure out, we don't qualify to use 2555-EZ and can't exclude income.That's fine, it wasn't really that much but we want to report the income correctly. I'm looking at the regular (non-EZ) version of 2555 and confusion has set in Husband worked part of the year in his country, came to the U.S, and then worked part of the year here. We are making the election for him to be treated as a US resident the entire year.

Edited March 19, 2013 by smashrun