TurboTax help for Joint filing- 2012

[Jordandawg05 13]

just an update - i followed the instructions provided and added the request to have my spouse be a legal resident for the tax year 2012 and had the IRS approval this week !!

[Nich-Nick 3,354]

just an update - i followed the instructions provided and added the request to have my spouse be a legal resident for the tax year 2012 and had the IRS approval this week !!

Good for you. About how long did it take from mailing to approval? (I am assuming you mailed a paper return.)

I haven't filed yet since we owe a few thousand. No hurry when you have to send a check to them.

[Jordandawg05 13]

Good for you. About how long did it take from mailing to approval? (I am assuming you mailed a paper return.)

I haven't filed yet since we owe a few thousand. No hurry when you have to send a check to them.

I mailed 2/25 so 3 weeks to get refund !

[AlyssaM 1]

Hi,

I just posted a new topic but then I saw that there has been recent activity in this thread...

My question is: Regarding having to claim worldwide income, how would the IRS know my husband's income from France? It's not like his employer in France sent the IRS a copy of his W-2, obviously.

And about the statement, when would the IRS check into his immigration status? Do they run his SSN or something? His SSN wouldn't match a W-2 or 1099 reported to the IRS, so why would the computer mark his return for further investigation in any way?

Any advice? Thanks.

[sara80 17]

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.

My husband (USC) and I (well, more him..!) were trying to file 2012 taxes today but we kept it on hold because I just got approved my green card on thursday and we wanted to see if I would get it this week or beginning of next.

Am I understanding correctly your answer above that by having the green card I qualify as a resident for year 2012? I know that I could still qualify nonetheless by making the statement you wrote on the first page, but in my case, if I do receive the GC (or would the "welcome letter" qualify too?) would I still need to write the statement and file by sending the paperwork by mail?

[Jordandawg05 13]

My husband (USC) and I (well, more him..!) were trying to file 2012 taxes today but we kept it on hold because I just got approved my green card on thursday and we wanted to see if I would get it this week or beginning of next.

Am I understanding correctly your answer above that by having the green card I qualify as a resident for year 2012? I know that I could still qualify nonetheless by making the statement you wrote on the first page, but in my case, if I do receive the GC (or would the "welcome letter" qualify too?) would I still need to write the statement and file by sending the paperwork by mail?

My understanding is tha tyou would have to write the statement since you were not a legal resident in 2012. You will for 2013 since you just got your GC. Thats what we , just add teh statement to your filing.

[Nich-Nick 3,354]

My husband (USC) and I (well, more him..!) were trying to file 2012 taxes today but we kept it on hold because I just got approved my green card on thursday and we wanted to see if I would get it this week or beginning of next.

Am I understanding correctly your answer above that by having the green card I qualify as a resident for year 2012? I know that I could still qualify nonetheless by making the statement you wrote on the first page, but in my case, if I do receive the GC (or would the "welcome letter" qualify too?) would I still need to write the statement and file by sending the paperwork by mail?

I agree with Jordan. Your tax return covers Jan 1, 2012 to Dec 31, 2012. We're you a permant resident for all of that time period? No. So do the statement.

[sara80 17]

I agree with Jordan. Your tax return covers Jan 1, 2012 to Dec 31, 2012. We're you a permant resident for all of that time period? No. So do the statement.

Thanks Jordan & Nich-Nick! Tomorrow or wednesday we'll be mailing it (husband couldn't find copy 1 or part B that needs to be sent too...!)

[Jordandawg05 13]

Thanks Jordan & Nich-Nick! Tomorrow or wednesday we'll be mailing it (husband couldn't find copy 1 or part B that needs to be sent too...!)

great ! good luck :)i already received my refund and spent already hahah easy come easy go i guess it was funny though how my wife was stating that these funds were a 'gift' from the government. i told her, it is not a GIFT , its my hard earning money that i get back cause i paid more than i should have ! heheh

[AlyssaM 1]

I was doing my CA return through Turbo Tax and it isn't letting me file as a California resident! I even asked a question on their forum and was told that if I am married to a nonresident that automatically makes me have to file a CA Form 540NR tax return. Is that right, even when I have been a resident my whole life?

[Nich-Nick 3,354]

I was doing my CA return through Turbo Tax and it isn't letting me file as a California resident! I even asked a question on their forum and was told that if I am married to a nonresident that automatically makes me have to file a CA Form 540NR tax return. Is that right, even when I have been a resident my whole life?

Alyssa--I am not much help with state returns because I have always lived In a state with no state income tax. Maybe you should investigate if your hisband is considered a resident alien for Federal tax purposes (because you elected and wrote the statement) does that carry over to his status on state taxes. I have no clue about if there is a relationship or not.

Okay, I googled and found this https://www.ftb.ca.gov/individuals/Filing_status_information.shtml

The first sentence says

Use the same filing status for California that you used for your federal income tax return, unless you are in a same-sex marriage or a registered domestic partnership (RDP

I would go with answering the question that he is a resident and has been a resident for the entire year because when you make that choice all non-resident issues are superceded.

[erica_itz 5]

That statement about being treated as a resident, is it for federal return only, or both federal and state returns? Thanks!

[AlyssaM 1]

Thanks for getting back to me. CA is a bit more complicated. We ended up doing the NR for being a part year resident. So difficult..

Alyssa--I am not much help with state returns because I have always lived In a state with no state income tax. Maybe you should investigate if your hisband is considered a resident alien for Federal tax purposes (because you elected and wrote the statement) does that carry over to his status on state taxes. I have no clue about if there is a relationship or not.

Okay, I googled and found this https://www.ftb.ca.gov/individuals/Filing_status_information.shtml

The first sentence says

Use the same filing status for California that you used for your federal income tax return, unless you are in a same-sex marriage or a registered domestic partnership (RDP

I would go with answering the question that he is a resident and has been a resident for the entire year because when you make that choice all non-resident issues are superceded.

One more question: Do I need to include my husband's final pay stub on the 1040 along with my W-2? I just realized when I was about to mail it in that line 7 for wages doesn't tie out because it includes the foreign income on that line before subtracting it later on...

Please advise!! Thanks...this took way too long to finish!

[Nich-Nick 3,354]

That statement about being treated as a resident, is it for federal return only, or both federal and state returns? Thanks!

I don't remember your state. The thing I looked up was for California on their state website. which said use the same status as federal. So in CA, if federal was resident, then state would be too.

Thanks for getting back to me. CA is a bit more complicated. We ended up doing the NR for being a part year resident. So difficult..

One more question: Do I need to include my husband's final pay stub on the 1040 along with my W-2? I just realized when I was about to mail it in that line 7 for wages doesn't tie out because it includes the foreign income on that line before subtracting it later on...

Please advise!! Thanks...this took way too long to finish!

Foreign income needs no paper documentation. Save it for your records in case they would ever ask you in an audit where you got the number.

Short answer--No

[AlyssaM 1]

Thanks for all your help.

So are you getting your CPA license soon?