So Maddddd

[mawilson 2,133]

Ok I am the USC and my husband is Mexican. According to the instructions on the W-7 (application for ITIN) HE as the alien is the one who applies for the ITIN so it needs his signature and his identification (they are asking for an original passport). Problem is, I don't want to send them his original passport only for them to try and send it back to his Mexican address (it will never arrive). So the only option I can think is to list his mailing address as my own. However, I'm wondering if USCIS ever gets wind of this that they'll be like, what do you mean his mailing address is your address? Was he here or what? I'm not really interested in causing those kinds of complications. Aside from all that, it says if you apply for an ITIN you must file a tax return. Well, there's no reason for him to file a tax return since he's been out of the country and with NO US income. So basically, I don't get it, and I don't like it....

Don't worry about that. The IRS are not gonna care where to mail the ITIN, they just

need a mailing address; they are not going to notify USCIS. Two different agencies.

[chiquita 0]

What I did last year was file as Married filing jointly (as Atif was here right before I sent it in)...I wasn't allowed to claim as a dependent because he didn't have a SS# or ITIN....Also wasn't allowed to take the EIC for my son b/c Atif didn't have a SS#--even with ITIN, not allowed to take EIC until they have a valid SS#. So now filing a 1040X [amended return] and am now allowed to claim Atif as adependent and allowed to take the EIC.

I learned about the 1040X b/c I worked part-time in an IRS processing center during 2006.

Mary K.

That is true one cannot claim the credit but can wait and file an amendment. I was not claiming a credit so it was not as issue for us.

W

[Traviesa 0]

Ok so if I do married filing jointly, and send in this W-7 along with my statement of wanting him to be considered a resident alien to that special office..................how do I deal with his Mexican income (like the equivalent of $80 a week)?

[chiquita 0]

Ok I am the USC and my husband is Mexican. According to the instructions on the W-7 (application for ITIN) HE as the alien is the one who applies for the ITIN so it needs his signature and his identification (they are asking for an original passport). Problem is, I don't want to send them his original passport only for them to try and send it back to his Mexican address (it will never arrive). So the only option I can think is to list his mailing address as my own. However, I'm wondering if USCIS ever gets wind of this that they'll be like, what do you mean his mailing address is your address? Was he here or what? I'm not really interested in causing those kinds of complications. Aside from all that, it says if you apply for an ITIN you must file a tax return. Well, there's no reason for him to file a tax return since he's been out of the country and with NO US income. So basically, I don't get it, and I don't like it....

If you read the directions, he can also get his passport notorized at the US consulate. You just send him the link to the W 7, he downloads it, prints it and sends it back to you with his notorized passport for filing your taxes. It is quites simple really.

[zyggy 9]

Ok so if I do married filing jointly, and send in this W-7 along with my statement of wanting him to be considered a resident alien to that special office..................how do I deal with his Mexican income (like the equivalent of $80 a week)?

You report it as income on the 1040 with the income with your other income (The total Mexican income converted to US Dollars) (Line 7 on the 2006 1040) ... you then file a Form 2555- EZ and Exclue the Mexican Income by placeing the same amount as a subtraction on Line 21 of the 1040.

[chiquita 0]

Ok so if I do married filing jointly, and send in this W-7 along with my statement of wanting him to be considered a resident alien to that special office..................how do I deal with his Mexican income (like the equivalent of $80 a week)?

Basically you are filing like this to get a detuction. If you are not interested in this detuction skip it. If you change your mind later on down the road you file an amended return.

Just follow the directions on the form and you will be ok.

He made no money in the US.

[Traviesa 0]

Ok so if I do married filing jointly, and send in this W-7 along with my statement of wanting him to be considered a resident alien to that special office..................how do I deal with his Mexican income (like the equivalent of $80 a week)?

You report it as income on the 1040 with the income with your other income (The total Mexican income converted to US Dollars) (Line 7 on the 2006 1040) ... you then file a Form 2555- EZ and Exclue the Mexican Income by placeing the same amount as a subtraction on Line 21 of the 1040.

Ok I am sooo not into the idea of having to report his Mexican income! I don't even care if I can exclude it-that's none of their business and really has nothing to do with them, not to mention I have no reasonable way of figuring out how much it was....this whole thing is a huge pain! Is there any way I can just file without acknowledging him? Is Single status out of the question?

It is quites simple really.

It does sound very simple...I'm sure for some people going to the US Consulate whenever is simple...

[chiquita 0]

Ok so if I do married filing jointly, and send in this W-7 along with my statement of wanting him to be considered a resident alien to that special office..................how do I deal with his Mexican income (like the equivalent of $80 a week)?

You report it as income on the 1040 with the income with your other income (The total Mexican income converted to US Dollars) (Line 7 on the 2006 1040) ... you then file a Form 2555- EZ and Exclue the Mexican Income by placeing the same amount as a subtraction on Line 21 of the 1040.

I am not sure if that is correct.

We are talking about US income.

[mawilson 2,133]

Ok I am sooo not into the idea of having to report his Mexican income! I don't even care if I can exclude it-that's none of their business and really has nothing to do with them, not to mention I have no reasonable way of figuring out how much it was....this whole thing is a huge pain! Is there any way I can just file without acknowledging him? Is Single status out of the question?

Well....if you don't want to report his income, then don't.

His Mexican earnings are probably below the taxable income threshold anyway.

[Traviesa 0]

Please nobody mistake my annoyance at the IRS and this general situation as anger toward anyone here. On the contrary, I appreciate all this advice.

Ok I am sooo not into the idea of having to report his Mexican income! I don't even care if I can exclude it-that's none of their business and really has nothing to do with them, not to mention I have no reasonable way of figuring out how much it was....this whole thing is a huge pain! Is there any way I can just file without acknowledging him? Is Single status out of the question?

Well....if you don't want to report his income, then don't.

His Mexican earnings are probably below the taxable income threshold anyway.

His will be but mine are not...put them both together, and what if it pushes me over the edge to a new level of taxation? I'm getting a migraine...

[zyggy 9]

Ok I am sooo not into the idea of having to report his Mexican income! I don't even care if I can exclude it-that's none of their business and really has nothing to do with them, not to mention I have no reasonable way of figuring out how much it was....this whole thing is a huge pain! Is there any way I can just file without acknowledging him? Is Single status out of the question?

Well....if you don't want to report his income, then don't.

His Mexican earnings are probably below the taxable income threshold anyway.

Let me get this straight.. you're willing to give the US Government thousands of dollars of your money because you don't want to tell them of the $80 per week that he gets that won't even be taxable anyways....

How about you give that money to me.... I'll put it to good use...

Edited January 3, 2007 by zyggy

[mawilson 2,133]

His will be but mine are not...put them both together, and what if it pushes me over the edge to a new level of taxation? I'm getting a migraine...

Unless you file separately, no?

[tom&tata 2]

Resident is taxed on worldwide income not on US income.

Basically, you will be able to include his income and deduct this so it would not affect taxable income (use the form 2555 mentioned before). But, you would not be able to claim some of the earned credit.

As for the proof of identity foir W-7, I think he can go to US consulate and pay the notarial service (it was $30 around 2 years ago).

[Traviesa 0]

Ok I am sooo not into the idea of having to report his Mexican income! I don't even care if I can exclude it-that's none of their business and really has nothing to do with them, not to mention I have no reasonable way of figuring out how much it was....this whole thing is a huge pain! Is there any way I can just file without acknowledging him? Is Single status out of the question?

Well....if you don't want to report his income, then don't.

His Mexican earnings are probably below the taxable income threshold anyway.

Let me get this straight.. you're willing to give the US Government thousands of dollars of your money because you don't want to tell them of the $80 per week that he gets that won't even be taxable anyways....

How about you give that money to me.... I'll put it to good use...

It's not that I don't want to tell them about it...I don't think I should have to tell them about it. I can't see any reason whatsoever why they would need to know about it or how it would affect my tax payment. His income is his income that he makes and keeps with him in Mexico. It has nothing to do with my income or the taxes I'm supposed to pay. And I'm not exactly understanding how my failure to report that $80 or so a week is going to cost me thousands of dollars...I've never had to pay taxes yet, and I don't intend to start this year...(I mean by that that I always get a refund)

[zyggy 9]

His will be but mine are not...put them both together, and what if it pushes me over the edge to a new level of taxation? I'm getting a migraine...

Unless you file separately, no?

But it won't put you over the level... you add it on one line... and then you subtract it about 15 lines down befire it gets to your AGI...

That's the point.. it doesn't change your taxable income one bit but give you multiple more deductions and exclusions...

In your situation.. not filing married filing joint is lunacy...