Tax Filling Joint or Separate?

[grumpymcdorky18 7]

Hello VJ members,

I've been browsing these past few days about filling taxes but I'm still confuse This site has been helpful ever since and I know there are a lot of similar cases with me so feel free to move this post or link me the right direction.

This is actually our second time to file our taxes, we did file jointly last year for 2011 since I still don't have a job still waiting on my AOS. We filled it ourselves and it went smoothly.

For 2012 we were thinking of filing it separately, though I'm not really sure if this is the best route to go. Reason is he sold his house through short selling (my name isn't included in the title and I don't think it's conjugal?) meaning we didn't get any money at all since this all went to the mortgage bank. Secondly, he has 2 student loans that he's currently paying off right now and it might have an effect on my refund since I don't have any loans or anything payable. We are a lil bit worried if we file separately I will have problems later on with my ROC questioning why we filled separately.

Also, I was reading My link (IRS link) seems that I am considered as dual alien status for 2012 (or maybe I'm just not understanding it correctly). I started working April 2012 through my EAD but I'm just awaiting on my GC on hand, it arrived July 2012 just few months after I started working. Does this mean I have to file a different form for Apr-July, then another one for July-December.

This tax filling is a really confusing for me and my husband, a lot of things to consider so we're thinking of finding a Tax Accountant....but we're onto the mindset of filling it on our own since I was able to get here and be with him by just researching like most of the VJ peeps did Any inputs will be appreciated as always

Thanks!

[Dave&Roza 748]

Hello VJ members,

I've been browsing these past few days about filling taxes but I'm still confuse This site has been helpful ever since and I know there are a lot of similar cases with me so feel free to move this post or link me the right direction.

This is actually our second time to file our taxes, we did file jointly last year for 2011 since I still don't have a job still waiting on my AOS. We filled it ourselves and it went smoothly.

For 2012 we were thinking of filing it separately, though I'm not really sure if this is the best route to go. Reason is he sold his house through short selling (my name isn't included in the title and I don't think it's conjugal?) meaning we didn't get any money at all since this all went to the mortgage bank. Secondly, he has 2 student loans that he's currently paying off right now and it might have an effect on my refund since I don't have any loans or anything payable. We are a lil bit worried if we file separately I will have problems later on with my ROC questioning why we filled separately.

Also, I was reading My link (IRS link) seems that I am considered as dual alien status for 2012 (or maybe I'm just not understanding it correctly). I started working April 2012 through my EAD but I'm just awaiting on my GC on hand, it arrived July 2012 just few months after I started working. Does this mean I have to file a different form for Apr-July, then another one for July-December.

This tax filling is a really confusing for me and my husband, a lot of things to consider so we're thinking of finding a Tax Accountant....but we're onto the mindset of filling it on our own since I was able to get here and be with him by just researching like most of the VJ peeps did Any inputs will be appreciated as always

Thanks!

This is a personal choice and depends on how it affects your tax situation. I would look at filing jointly an see how much you owe and then file seperately and see how much you owe and pick the one with the least amount of taxes owed. I would not worry about USCIS. You are considered a LPR for the entire year if you received your GC by Decemebr 31, 2012--which you did. If you are not a LPR, you can still claim LPR status for TAX purposes by writing a statement that you and your husband sign and include with your tax return--this does mean you will file a paper return.

Good luck,

Dave

[CarlosAndSveta 808]

Based on the information in your timeline, you are definitely a Resident Alien for tax purposes. You arrived in the U.S. in 2011, you meet the Substantial Presence Test for 2012, and you received your Green Card in 2012, so there is no way that you would be considered as being a Dual Status Alien for 2012.

[Nich-Nick 3,354]

Best thing to do is figure

A. YOU-married filing separately

B. HIM-married filing separately

Add the two total tax figures together. Not the refunds, but how much is the tax. Line 61 on a form 1040

Then figure

C. YOU + HIM- married filing jointly

Look at total tax on line 61

Which is the higher tax. A+B or C?

It makes no sense for you to get a refund if, as a family, he would pay more for his part which is what it seems like you are thinking. What is it going to cost the two of you as a family unit? Pick the best after you've done A, B, and C tax returns to compare.

[hellINTIM 9]

how in the heck u become dual citizen if ur not US citizen yet.? filing jointly will get more refund even ur not working. and filing jointly can use as bonifide marraige evidence

Edited February 1, 2013 by .MythaG-

[CarlosAndSveta 808]

how in the heck u become dual citizen if ur not US citizen yet.? filing jointly will get more refund even ur not working. and filing jointly can use as bonifide marraige evidence

She didn't say Dual Citizen. She was talking about being a Dual Status Alien for tax purposes.

[VanessaTony 3,567]

For student loan reasons my husband and i will be filing separately for 2012. We will most likely get a lower refund but in the long run it will save us a LOT of money and a lot of stress (my income pushes him over the edge of reasonable payments to ridiculous payments for his student loans as my income is counted as household income for him if we file jointly).

[grumpymcdorky18 7]

Thanks for all the reply, it's been a while since I checked I got too busy with my ad guess what I haven't got my taxes done. Tonight was the night to get it done on Turbo Tax, we actually decided to file separately instead of jointly. Then the next story happens, my file was rejected by Turbo Tax because there's no E-Pin found last year.....I guess because I didn't file my taxes for 2011 and in IRS site it's asking for the 2011 filling details.

My next question is would it be better if I mail it? After reading the comments here I'm thinking of re-doing it again and would try to file jointly (phew) guess that would be the easiest way to go without further questions...Thanks again for the inputs, I'm guessing I'm not the only one who has a question like this

[grumpymcdorky18 7]

She didn't say Dual Citizen. She was talking about being a Dual Status Alien for tax purposes.

Thanks Carlos, I guess some people just like to put comments without reading further.....I hope next people to comment will read FIRST before putting a "heck" comment in my post.