US taxes while in I130/IR1/CR1 proceedings

[CHarvey80 72]

So happy to find out that I now have to go and have the CPA that did my taxes file an amendment because he did my taxes wrong.

AWESOME!

Thanks for the info Speedwell

[littleichiban 0]

I recently went through this with my husband. I had to send him my driver license and my birth certificate plus a W7 form so we could obtain an ITIN for his taxes this year. We looked into filing married but separate so I wouldn't have to submit anything but apparently for either Federal or State taxes, we needed an ITIN regardless. Unfortunately for me the list of accepted identifications is limited as NZ doesn't have a couple of the forms of ID mentioned (I imagine this is true for many countries) and as far as I am aware my government doesn't issue certified copies of licenses or passports. I don't understand how someone could feel comfortable sending off their passport to the IRS, it's the single most important personal document I own and they may not return it for months. Plus I need it for immigrating! I was far too paranoid for that. Legally, some countries won't allow you to even post your passport offshore. Luckily I don't actually drive and need my license, or I would have been very stuck. We have one or two acceptance agents here in NZ but they are all in Auckland, which is over a thousand kilometres from where I live. We thought about getting an extension then filing in a few months time once I have entered and obtained an SSN which may be an option for some (as long as you don't have to worry about owing any tax). I am not sure on the legalities of this though, from all the reading I did it didn't seem too problematic.

I know this seems like a lot of whinging but for a supposedly simple process it has caused a lot of worry. My husband assures me once I am there it will be simple.

[biaobiao 40]

My NRA spouse is from the Philippines I am the USC, I am going to try to send in her original voters ID(which has her picture on it) and birth certificate. We can not send in her passport because she only has one and also she is in the process of getting it changed along with her SSS card to married status and name change. I am not sure if these 2 ID's will suffice. Any light on the subject would be great. I did read the instructions for the ID requirements for w-7 so I think I will be ok. Thanks for bringing this topic up Speedwell.

hi. i read in some forums that US govt needs it to be validated or something, authenticated that it need ot go thru DFA and be notarized by US accepted agency.

My husband and I decided that I will just send him my passport and have it notarized there in US. or present it to accepting agent or something just to avoid the hassles. Just a suggestion.

I do understand that she is in the process of renewing it. her SSS card may take some time. knowing government here in PI.

[bigdog 376]

Great post.

[speedwell 224]

American embassies and consulates will not certify or authenticate foreign documents. The only thing they'll do is notarize a copy of the document (which means, "I, a member of the consulate staff, hereby witness that John Doe is asserting that this is a copy of the original passport.") The IRS will NOT accept such a notarization as a "copy certified by the consulate."

Please note also: Although the Foreign Earned Income Credit does allow you to exclude up to (approximately) $95,000 of the foreign spouse's earned income, this money is subtracted from the BOTTOM of the tax scale, not the top. For example, suppose your foreign spouse earned $5,000, and your marginal tax rate is $28%. Then your tax savings will be $500 (the $5000 is taken out of the 10% bracket), not $1400.

Another way to say this is: compute the income tax on (A) the excluded income alone, and on (B) the total income, (not excluding the foreign earned income). Then your tax is B - A.

Good point about the foreign earned income, Shira. I might add that figuring it your way actually saved me money on my 2012 taxes, now that I take a second look at my filing.

I do want to say that I heard the IRS will accept a copy of the passport certified by the UK consulate in London, because the UK passport agency do not certify passport copies (I asked them myself and they said right, we don't do that). Of course in the UK it is legal to have a second UK passport, so it depends on what the individual wants to do in that country.

[speedwell 224]

hi. i read in some forums that US govt needs it to be validated or something, authenticated that it need ot go thru DFA and be notarized by US accepted agency.

My husband and I decided that I will just send him my passport and have it notarized there in US. or present it to accepting agent or something just to avoid the hassles. Just a suggestion.

I do understand that she is in the process of renewing it. her SSS card may take some time. knowing government here in PI.

Edited; I see that someone already posted about the acceptance agent. Note that if you have an IRS office in your area, you can take the passport or documents directly to that office to be copied and authenticated so they do not have to be out of your hands. You can do this even if you are sending the authenticated copies to Austin.

Edited February 22, 2013 by speedwell

[lisap 10]

When you fill out your w4 form at your job there is a section that says to use single if your spouse is a non-resident also when doing your taxes the software will prompt you as to whether your spouse lived with you throughout the year, or if they are a non-resident....I'm not a cpa at least not certified, but i've been doing my own taxes for a long time since i have an accounting degree and did sit a taxation class...

[speedwell 224]

When you fill out your w4 form at your job there is a section that says to use single if your spouse is a non-resident also when doing your taxes the software will prompt you as to whether your spouse lived with you throughout the year, or if they are a non-resident....I'm not a cpa at least not certified, but i've been doing my own taxes for a long time since i have an accounting degree and did sit a taxation class...

Then you should know that what you claim at work is often different (sometimes shockingly different) from what goes on your tax filing. You're probably also aware that some automated software (I've heard TurboTax is one) doesn't allow the respondent to type NRA in the SSN/ITIN block for the spouse, and that you can't e-file if you are applying for an ITIN in the same packet.

I'm not a professional either, but I have been around the block a time or two.

Edited February 22, 2013 by speedwell

[shira 4]

Edited; I see that someone already posted about the acceptance agent. Note that if you have an IRS office in your area, you can take the passport or documents directly to that office to be copied and authenticated so they do not have to be out of your hands. You can do this even if you are sending the authenticated copies to Austin.

Actually, the rules are more complicated than this, and a real downer:

There are "participating" Taxpayer Assistance Centers where you can take an original passport for authentication/certification. However, the passport will be returned the same day ONLY IF THE PASSPORT HOLDER, YOUR SPOUSE, GOES TO THE SPECIAL TAC WITH THEIR PASSPORT. If your spouse is still overseas, and you bring their original passport to a participating TAC, the TAC will submit your W-7, passport, and tax return to the Texas office, and the passport will be out of your hands for (allegedly) no more than 60 days.

Here are the words straight from the IRS website:

IRS link

All ITIN applicants, including children, must appear in person at the time the Form W-7, Application for IRS Individual Taxpayer Identification Number, is submitted to have their passport and/or national identification card returned the same day.

Yeah, a major downer.

[biaobiao 40]

Edited; I see that someone already posted about the acceptance agent. Note that if you have an IRS office in your area, you can take the passport or documents directly to that office to be copied and authenticated so they do not have to be out of your hands. You can do this even if you are sending the authenticated copies to Austin.

have you already applied for your wife?

[speedwell 224]

Actually, the rules are more complicated than this, and a real downer:

There are "participating" Taxpayer Assistance Centers where you can take an original passport for authentication/certification. However, the passport will be returned the same day ONLY IF THE PASSPORT HOLDER, YOUR SPOUSE, GOES TO THE SPECIAL TAC WITH THEIR PASSPORT. If your spouse is still overseas, and you bring their original passport to a participating TAC, the TAC will submit your W-7, passport, and tax return to the Texas office, and the passport will be out of your hands for (allegedly) no more than 60 days.

Here are the words straight from the IRS website:

IRS link

Yeah, a major downer.

Oh, that's terrible! I didn't run across this and I could have taken advantage of it when my husband was here, too. I thought you could go to the IRS office itself though?

have you already applied for your wife?

Husband. I am just waiting for him to get me the supporting document (his extra passport) and off it will go to Austin!

Edited February 22, 2013 by speedwell

[Hilario 13]

'1361534545' post='5997001']

hi. i read in some forums that US govt needs it to be validated or something, authenticated that it need ot go thru DFA and be notarized by US accepted agency.

My husband and I decided that I will just send him my passport and have it notarized there in US. or present it to accepting agent or something just to avoid the hassles. Just a suggestion.

I do understand that she is in the process of renewing it. her SSS card may take some time. knowing government here in PI.

This is the document requirements for w-7, the voter registration card is good for both foreign status and id. Along with her certified copy of birth certificate(she has more copies) I think I will be good. I hate to send in her passport as others have stated here.

[vick&vandy 0]

very good information. Thanks a lot speedwell. Now I don't have to worry for ITIN. I am gonna use Turbotax and file under head of household, cause I qualify with my dependent kids. Thanks to all for input.

[N-o-l-a 7,167]

very good information. Thanks a lot speedwell. Now I don't have to worry for ITIN. I am gonna use Turbotax and file under head of household, cause I qualify with my dependent kids. Thanks to all for input.

We just did that with head of household and it was painless and allowed us to e-file (a good thing when you live abroad).

[Margotrita 0]

We just did that with head of household and it was painless and allowed us to e-file (a good thing when you live abroad).

I finished my taxes today, through Turbotax and filed head of household. Hubby is in Canada and I am in US with dependents. One of the easier paperwork processes for me while we wait for the I130 to be approved!