How should I file my taxes?

[fbadshah 0]

Hello All...

I got married on Nov 19, 2013 and had to update my W-4 tax form when I got back in early december. I was a bit confused as to how I should file my taxes now that I am married and my wife is overseas. I filed the i-130 just last week - so its gonna be take some time before she comes to america.

-I am working

-My wife just started working a few weeks ago (in India)

I spoke with my accountant on this matter and he suggested that I put the number "1" for the total number of allowances I am claiming for my W4 form. However, he said that I should check the option " Married, but withhold at higher single rate."

What I want to know is - now that I am married, am I suppose to file as "2" for the total number of allowances I am claiming for my wife and I? Or is it okay with what I have right now listed as "1" ?

I dont want any issues during the i-130 process when they have to check on how I filed my taxes. Salary is not the problem - but was wondering if it would be an issue if they see that I filed as "1" instead of "2", Or if there is anything that I need to be aware of when they look at my taxes. (My concern is why I have filed as single instead of married even though I checked the married box)

Any suggesstions or tips on what I should do would greatly be appreciated.

Thanks!

[NikLR 13,227]

You do not file single, you file as married filing seperately unless you obtain an ITIN for your wife, then you may file as married filing jointly.

As for your withholding, I'm not sure.

[TimandAna 37]

Hello All...

I got married on Nov 19, 2013 and had to update my W-4 tax form when I got back in early december. I was a bit confused as to how I should file my taxes now that I am married and my wife is overseas. I filed the i-130 just last week - so its gonna be take some time before she comes to america.

-I am working

-My wife just started working a few weeks ago (in India)

I spoke with my accountant on this matter and he suggested that I put the number "1" for the total number of allowances I am claiming for my W4 form. However, he said that I should check the option " Married, but withhold at higher single rate."

What I want to know is - now that I am married, am I suppose to file as "2" for the total number of allowances I am claiming for my wife and I? Or is it okay with what I have right now listed as "1" ?

I dont want any issues during the i-130 process when they have to check on how I filed my taxes. Salary is not the problem - but was wondering if it would be an issue if they see that I filed as "1" instead of "2", Or if there is anything that I need to be aware of when they look at my taxes. (My concern is why I have filed as single instead of married even though I checked the married box)

Any suggesstions or tips on what I should do would greatly be appreciated.

Thanks!

Your accountant is correct... If you are married, and can not show you provide more than 50% support for your wife (in case of a audit). Then you will need to file "Married but filing separately" which means that you are only allowed 1 allowance and that would be yourself.

So on your W4 form you could put single and 1 or married and 1 it does not matter... The W4 form is only you telling your company how much withholding you want them to take out of your paycheck for your taxes... I do not agree with your accountant about withholding extra (But I do not like giving anyone a interest free 12 month loan)

Your taxes are not filed with the I-130 so no problem there, Your tax returns or transcripts will be needed at the NVC (married filing separately), and your W4 has no concern in anything though out the entire process.

Edited January 16, 2014 by TimandAna

[Darnell 8,478]

some folk file taxes 'married filing jointly' with a foreign spouse overseas,

by filing the W-7 with a tax return into the special ITIN address in Austin, TX.

This is not a trivial thing, study the W-7 instructions

[christeen 966]

You can put any number of withholding... ,ark 1 and they withhold more, put 2,3,4 whatever, than they take out less... When you file taxes, you will have had X amount withheld,if your owe more than what your had withheld, you will owe IRS taxes... If you witheld more then what you owe on your taxes, your get a refund.

Fling Shou,d ne married filing seperate and put NRA (no. Resident alien) in the box for their SSN (unless you get ITTN for them) ...

[TimandAna 37]

HAHAHA I was coming back to edit my post but will not let me now... I was incorrect about the 50% thing (I was looking at claiming a dependent earlier which I can not claim, Sorry)

Straight out of the text book...

Nonresident Alien Spouse

If your spouse is a nonresident alien, he or she must have either a SSN or an ITIN if:

1. You file a joint return,

2. You file a separate return and claim an exemption for your spouse,or

3. Your spouse is filing a separate return

Married Filing Jointly

1. You were married at the end of 2013, even if you did not live with your spouse at the end of 2013

2. Your spouse died in 2013 and you did not remarry in 2013

3. You were married at the end of 2013 and your spouse died in 2014 before filing a 2013 return

A married couple filing jointly report their combined income and deduct their combined allowable expenses on one return. They can file a joint return even if only one had income or if they did not live together all year. However, both person must sign the return.

Nonresident aliens and dual status aliens

Generally, a married couple cannot file a joint return if either spouse is a nonresident alien at any time during the year. However, if you were a nonresident alien or a dual-status alien and were married to a US citizen or resident alien at the end of 2013, you can elect to be treated as a resident alien and file a joint return. See Pub. 519 for details

Married filling separately

Be sure to enter your spouse's SSN or ITIN on Form 1040. If your spouse does not have and is not required to have a SSN or ITIN, enter "NRA"

There is a bunch of other stuff also

But really on the W4 it doesn't matter what you put...

[r060106 109]

some folk file taxes 'married filing jointly' with a foreign spouse overseas,

by filing the W-7 with a tax return into the special ITIN address in Austin, TX.

This is not a trivial thing, study the W-7 instructions

What did you put in the SSN box for your spouse on your return? Something like "ITIN Requested"? Just curious, as I'll be married filing jointly for the first time and will be requesting and ITIN as soon as I get my W-2.

Thanks

[christeen 966]

What did you put in the SSN box for your spouse on your return? Something like "ITIN Requested"? Just curious, as I'll be married filing jointly for the first time and will be requesting and ITIN as soon as I get my W-2.

Thanks

You put NRA until you get an ITIN ....

[Darnell 8,478]

What did you put in the SSN box for your spouse on your return? Something like "ITIN Requested"? Just curious, as I'll be married filing jointly for the first time and will be requesting and ITIN as soon as I get my W-2.

Thanks

The first year I filed jointly, I left it blank, as I included the W-7 with the 1040 and a bunch of other stuff. If'n your spouse is still over-seas, and you two want to file as mfj, well, there's more stuff to do. This is not a trivial thing to prep. When you can make time, please get IRS form W-7 and study it, and learn how to draft a coverletter requesting foreign spouse to be treated as a resident alien for tax purposes.

IF you are seeking to file mfj you are missing some important instructions in IRS form W-7. If yer not a reader, I suggest you hire a teenager for a few hours.

The 2nd year, I put in her ITIN.

[administrivia for you - please fill in yer timeline over at

http://www.visajourney.com/timeline/profile.php?id=141809

http://www.visajourney.com/timeline/profile.php?id=141809

http://www.visajourney.com/timeline/profile.php?id=141809%C2'>

Edited January 16, 2014 by Darnell

[r060106 109]

The first year I filed jointly, I left it blank, as I included the W-7 with the 1040 and a bunch of other stuff. If'n your spouse is still over-seas, and you two want to file as mfj, well, there's more stuff to do. This is not a trivial thing to prep. When you can make time, please get IRS form W-7 and study it, and learn how to draft a coverletter requesting foreign spouse to be treated as a resident alien for tax purposes.

IF you are seeking to file mfj you are missing some important instructions in IRS form W-7. If yer not a reader, I suggest you hire a teenager for a few hours.

The 2nd year, I put in her ITIN.

[administrivia for you - please fill in yer timeline over at

http://www.visajourney.com/timeline/profile.php?id=141809

http://www.visajourney.com/timeline/profile.php?id=141809

I already have the letter to the IRS and my state DOR stating that we'll be electing to treat her as a resident for tax purposes ready to go, as well as a signed W-7 and signed Income Tax Forms from her. Just wanted to know what to put in the SSN box. She also signed both letters. I'll be sending it all FedEx to the courier address in the W-7 instructions, as I have read them already and we'll be sending her passport as evidence of her foreign status. Photocopies of all of the Federal forms will be going to my state DOR.

Thanks

[Darnell 8,478]

on the 1040? leave it blank !

[r060106 109]

on the 1040? leave it blank !

Ok, sorry. Didn't mean to anger you or anything.

I guess I was confused because I've heard conflicting answers on what to put there.

[Darnell 8,478]

ya, answers vary due to the types of filing that folk are doing.

Since yer prepping the big packet including the W-7 application,

this is actually the ONE TIME where you leave it blank.

The ITIN Unit is really good , they know what to do,and during tax season, are rather fast .

Apologies if I seemed grumpy, I am a cranky curmudgeon mostly, and it bleeds out some days.

[r060106 109]

ya, answers vary due to the types of filing that folk are doing.

Since yer prepping the big packet including the W-7 application,

this is actually the ONE TIME where you leave it blank.

The ITIN Unit is really good , they know what to do,and during tax season, are rather fast .

Apologies if I seemed grumpy, I am a cranky curmudgeon mostly, and it bleeds out some days.

Thanks a lot. I'll leave it blank.

No worries. I understand. How fast did it take you to get the ITIN and refund (if you got one)? I'm wondering how long it will take me to get everything back since I'm filing a paper return.

[KemalTuanaYalcin 16]

Hi,

I had a similar situation. I went ahead and kept the "1" on my W-4. The truth is, you can claim whatever you want on your employer's W-4 forms, what really matters is that when it comes time to actually file your taxes is that you report the information accurately. The less you withhold from your paycheck typically means that you will be more likely to receive a return. (Other factors can affect whether or not you receive a return). Subsequently, because I filed my taxes for the year I was married as "married filing joint," to help satisfy the conditions of evidence needed for the visa process, I obtained from my spouse a power of attorney for the purposes of doing our taxes. (If you decide to do the same make sure you have the POA translated) My suggestion is that you go to a tax professional this year when you choose to file, to ensure taxes are done properly and call them ahead, explain the situation and determine what paperwork to take with you so that you can file in your spouse's absence.

Hello All...

I got married on Nov 19, 2013 and had to update my W-4 tax form when I got back in early december. I was a bit confused as to how I should file my taxes now that I am married and my wife is overseas. I filed the i-130 just last week - so its gonna be take some time before she comes to america.

-I am working

-My wife just started working a few weeks ago (in India)

I spoke with my accountant on this matter and he suggested that I put the number "1" for the total number of allowances I am claiming for my W4 form. However, he said that I should check the option " Married, but withhold at higher single rate."

What I want to know is - now that I am married, am I suppose to file as "2" for the total number of allowances I am claiming for my wife and I? Or is it okay with what I have right now listed as "1" ?

I dont want any issues during the i-130 process when they have to check on how I filed my taxes. Salary is not the problem - but was wondering if it would be an issue if they see that I filed as "1" instead of "2", Or if there is anything that I need to be aware of when they look at my taxes. (My concern is why I have filed as single instead of married even though I checked the married box)

Any suggesstions or tips on what I should do would greatly be appreciated.

Thanks!