2013 Tax Returns

[Molly&James 0]

Hello!

I'm hoping to get some advice and answers to questions about filing my tax return.

I'm the US citizen who got married in October to my husband from England. He has had no income in the United States and still doesn't even have a social security number. He isn't a permanent resident yet as we are still waiting for our GC interview.

I'm trying to go about filing my tax return the best way possible.

I obviously have to file as married as we were married by Dec 31st 2012.

Now fro what I understand I have two options

1) File Married filing seperately

2) File Married filing jointly

I have looked into it and if I file married filing seperately I totally get screwed on my tax return this year because my husband obviously wouldn't be filing a tax return so we would get next to nothing back.

Has anyone been in this situation and opted to file married filing jointly using their spouses 2012 income from their home country? I believe it goes under choosing to be taxed for worldwide income. I'm comlpetely lost on this and was hoping someone could help us out or at least point us in the right direction. I called the IRS and they were essentially no help.

[Rob&Ema 12]

I filed married and jointly. I had a better return on my taxes. My wife didn't have income she claimed from the Phils, however, I would think what he had as income in England would have no bearing on how you file here.

[Done--Really 331]

First of all, you can file an amended return within three years, so if you decide to file married, filing separately, you can amend the return to filing jointly once he has his SS#.

Or what we did was to file for an extension since it was pretty clear we would be through the entire GC process well before the filnal return was due.

If you want to explore all your options, here is Publication 519 which is a tough read, but it covers everything.

http://www.irs.gov/publications/p519/ch01.html

You need to read the sections about First year Choice and also Nonresident Spouse Treated as a Resident, which is the path we took, but after she was here with a SS# since we had filed for an extension.

[newacct 688]

Hello!

I'm hoping to get some advice and answers to questions about filing my tax return.

I'm the US citizen who got married in October to my husband from England. He has had no income in the United States and still doesn't even have a social security number. He isn't a permanent resident yet as we are still waiting for our GC interview.

I'm trying to go about filing my tax return the best way possible.

I obviously have to file as married as we were married by Dec 31st 2012.

Now fro what I understand I have two options

1) File Married filing seperately

2) File Married filing jointly

I have looked into it and if I file married filing seperately I totally get screwed on my tax return this year because my husband obviously wouldn't be filing a tax return so we would get next to nothing back.

Has anyone been in this situation and opted to file married filing jointly using their spouses 2012 income from their home country? I believe it goes under choosing to be taxed for worldwide income. I'm comlpetely lost on this and was hoping someone could help us out or at least point us in the right direction. I called the IRS and they were essentially no help.

If you file jointly and elect to treat him as a resident, then I think yes, you need to include his income. You will also need to apply for an ITIN number.

However, was your husband in the U.S.? If he hasn't been in the U.S. for more than 35 days last year, he may be eligible for the Foreign Earned Income Exclusion, so that he won't have to pay double taxes.

[Molly&James 0]

If you file jointly and elect to treat him as a resident, then I think yes, you need to include his income. You will also need to apply for an ITIN number.

However, was your husband in the U.S.? If he hasn't been in the U.S. for more than 35 days last year, he may be eligible for the Foreign Earned Income Exclusion, so that he won't have to pay double taxes.

He's been here since the beginning of October.

First of all, you can file an amended return within three years, so if you decide to file married, filing separately, you can amend the return to filing jointly once he has his SS#.

Or what we did was to file for an extension since it was pretty clear we would be through the entire GC process well before the filnal return was due.

If you want to explore all your options, here is Publication 519 which is a tough read, but it covers everything.

http://www.irs.gov/publications/p519/ch01.html

You need to read the sections about First year Choice and also Nonresident Spouse Treated as a Resident, which is the path we took, but after she was here with a SS# since we had filed for an extension.

Yeah I was casually browsing Pub 519, it's like radio instructions to me.

[Molly&James 0]

I filed married and jointly. I had a better return on my taxes. My wife didn't have income she claimed from the Phils, however, I would think what he had as income in England would have no bearing on how you file here.

Yes that's pretty much what I want, the best return on my taxes. And just by going by a tax calculator I'll be getting significantly less back by filing married and seperately seeing as he has no income and hasn't paid taxes here. So I was trying to figure out the best way to file so that I don't get the shaft on my returns

[Nich-Nick 3,354]

Hello!

I'm hoping to get some advice and answers to questions about filing my tax return.

I'm the US citizen who got married in October to my husband from England. He has had no income in the United States and still doesn't even have a social security number. He isn't a permanent resident yet as we are still waiting for our GC interview.

I'm trying to go about filing my tax return the best way possible.

I obviously have to file as married as we were married by Dec 31st 2012.

Now fro what I understand I have two options

1) File Married filing seperately

2) File Married filing jointly

I have looked into it and if I file married filing seperately I totally get screwed on my tax return this year because my husband obviously wouldn't be filing a tax return so we would get next to nothing back.

Has anyone been in this situation and opted to file married filing jointly using their spouses 2012 income from their home country? I believe it goes under choosing to be taxed for worldwide income. I'm comlpetely lost on this and was hoping someone could help us out or at least point us in the right direction. I called the IRS and they were essentially no help.

Here's the thread to help you http://www.visajourney.com/forums/topic/412125-turbotax-help-for-joint-filing-2012/page__view__findpost__p__5951222

It explains the statement you have to submit and how to do the taxes Jointly yourself with TurboTax and the foreign income exclusion. It's not 2013 taxes like your thread title says. That's next year this time. If you have more questions, add them to the other tax thread.

You are going to have to get an itin for him with no SSN. I'll try to add that at the end of the thread or you ask and maybe John will answer.

Edited February 25, 2013 by Nich-Nick

[Molly&James 0]

Thank You so much that's what I was looking for! (Also yeah, meant to write 2012) I'll message your with any other questions!