what to do about filing 2013 taxes since we wont be approved by year end

[gwenstar 66]

So when we started this process we were obviously thinking it would not take nearly as long. haha! Anyhow, does anyone have any experience with filing taxes with a spouse that is not in the US and has not worked in the US during the year? Would it just be the same as filing as me (USC) filing single?

I know that if we filed jointly our income would be calculated together and then we would be taxed based on the world wide rate, and then there would be whatever amount of credit given based on the taxes my spouse has paid in his country. Just don't know if we are eligible for that since he does not have a GC and has not lived or worked in the US.

I think it would financially beneficial to be able to file joint but I don't see if that would be possible. Also I would rather be filing single rather than married but withholding at the higher rate. From my limited understanding I think I would end up paying the most taxes under that status.

Anyhow - if anyone has any experience with this or know a good resource I could use to research this for myself, that would be awesome!!

[RandR2013 1]

Hi, I'm not sure I have the right answer, but this is what I did. You cannot file single - you are married. So, you can either file married filing jointly (apply for ITIN) or married filing separately. I didn't apply for an ITIN for my husband, so I filed married filing separately (for 2012) and intend on amending after my husband has a social security number. When filing married filing separately - you cannot file electronically. You file by paper and put in "NRA" (non resident alien) in the space where they ask for your spouses social security number. If you get an ITIN it is "probably" a tax benefit to file married filing together (just a thought - this is not tax advice!!!).

Good luck!

[Darnell 8,478]

My wife and I filed irs form w-7, with her ID stuff, along with a 1040,

all paper,

into the special ITIN Intake address listed in the W-7. Then each year after, we filed electronically, my SSN and her ITIN.

If you really wish to file married filing jointly , chase an ITIN. and do Study IRS Form F2555 as well (or F2555EZ)

Edited October 23, 2013 by Darnell

[RandR2013 1]

Also, you don't have to file till April 15th (or, October 15th if you're willing to file an extension). Maybe your spouse will have a social security number by that time. Another option is to wait to file (until April 15th, or even October 15th if you file an extension). Good luck!

[calvm 10]

I am in the same boat - I will be applying for ITIN for my wife who is abroad and will be filing taxes jointly for 2013. Paid too much taxes so far ... Dont want to pay a penny more now

[BBCC 16]

You have two choices:

1. US Citizen spouse files their taxes as they always have except they file as "Married Filing Seprately." In that case, the USC spouse just files the return with their own earnings.

2. Or, you can apply now to the IRS for a Tax ID number for the non-resident alien spouse. In that case, you would use the Tax ID number to file a joint return as "Married filing jointly." To do so, you would need to include a letter with the return that you voluntarily elect to treat the non-citizen spouse as a non-resident alien for tax purposes. You would then include the non-resident alient spouse's income on the "wages, salaries, tips" line on the return. The advantage of this approach is you are able to count the non-resident spouse as an exemption and lower the taxes paid/increase your refund (assuming the foreign spouse does not make a lot of money).

This is the basic summary of what you can do. There are sample letters all over the net on how to draft the letter. irs.gov has good helpful information on how to do it.

Hope that helps.

[smile44 4]

Should you still put NRA down if your spouse does have a SS number (from a previous j1 visa)?

[dirk_diggler 107]

If you're comfortable mailing your tax docs back and forth, filing married jointly should be easy to do (with W-7). I'm not too comfortable sending my docs to and back from India, so I will be filing an extension and then file married jointly. If neither of those are amenable, you can always file married separately and amend later on

[domwardbound 73]

From a monetary standpoint you definitely want to file jointly.

However, this means either getting an ITIN or waiting until the foreigner has gotten their social security number (and if after April 15, being sure to file an extension).

Getting an ITIN from abroad is a difficult process, and includes having to send originals/certified copies of documents (including passport or other IDs) to the IRS with your tax return in the US. Some countries allow it to be done at US embassies abriad. Some countries allow it to be done at tax firms. The IRS site has the details - http://www.irs.gov/Individuals/International-Taxpayers/Obtaining-an-ITIN-from-Abroad

Me personally, if things aren't wrapped up by April 15, will likely be filing an extension and taking care of it all when she has her social security number and is in the US. Otherwise, I'll be asking my wife to get a certified copy of her passport.

[gwenstar 66]

2. Or, you can apply now to the IRS for a Tax ID number for the non-resident alien spouse. In that case, you would use the Tax ID number to file a joint return as "Married filing jointly." To do so, you would need to include a letter with the return that you voluntarily elect to treat the non-citizen spouse as a non-resident alien for tax purposes. You would then include the non-resident alient spouse's income on the "wages, salaries, tips" line on the return. The advantage of this approach is you are able to count the non-resident spouse as an exemption and lower the taxes paid/increase your refund (assuming the foreign spouse does not make a lot of money).

Okay - yeah, that is what I was thinking. Our combined incomes will not bump me into a higher tax bracket so that is why I am thinking there is a financial benefit for me to be able to file jointly.

Also, you don't have to file till April 15th (or, October 15th if you're willing to file an extension). Maybe your spouse will have a social security number by that time. Another option is to wait to file (until April 15th, or even October 15th if you file an extension). Good luck!

I totally forget about that! I always file as soon as I get my paperwork...but yeah, I should have a better idea of his immigration timeline by the time it is due and/or be able to file an extension.

From a monetary standpoint you definitely want to file jointly.

However, this means either getting an ITIN or waiting until the foreigner has gotten their social security number (and if after April 15, being sure to file an extension).

Getting an ITIN from abroad is a difficult process, and includes having to send originals/certified copies of documents (including passport or other IDs) to the IRS with your tax return in the US. Some countries allow it to be done at US embassies abriad. Some countries allow it to be done at tax firms. The IRS site has the details - http://www.irs.gov/Individuals/International-Taxpayers/Obtaining-an-ITIN-from-Abroad

Me personally, if things aren't wrapped up by April 15, will likely be filing an extension and taking care of it all when she has her social security number and is in the US. Otherwise, I'll be asking my wife to get a certified copy of her passport.

Perfect - thanks for the link and the input! Thankfully for me getting documents/signatures/certified copies is not too difficult since my spouse is in Canada and we see each other often enough to easily be able to get all the paperwork stuff we need.

Thanks to everyone for all your responses - I feel like I have better idea of what direction to go. Now time for some more research.... its how I am trying to channel my energy during this seemingly forever wait

My only other curiosity is where I can find info regarding the world wide tax rate/credits given for taxes paid by non-resident (beneficiary) spouse in their country. I specifically want to know the rate for Canada (i know it would be different for each country).

[BBCC 16]

If you're comfortable mailing your tax docs back and forth, filing married jointly should be easy to do (with W-7). I'm not too comfortable sending my docs to and back from India, so I will be filing an extension and then file married jointly. If neither of those are amenable, you can always file married separately and amend later on

That's what my wife and I did.

We had originally opted NOT to get her a TIN as a non-resident alien because we expected to receive her GC and SSN before April 15th.

She got her GC early in the year and then we waited for her SSN to come. The SS Admin lost her application so we didn't actually receive it before April 15th.

So I filed Married/Separate. Then, when her SSN arrived later that year in summer, I just amended the return to married/jointly, added her income amount to mine on the "wages, salaries, tips" line and got another refund.

[gwenstar 66]

Then, when her SSN arrived later that year in summer, I just amended the return to married/jointly, added her income amount to mine on the "wages, salaries, tips" line and got another refund.

Thanks! Yeah second refund sounds nice