My last questions about taxes...

[fedoragirl 0]

I hope this will be my last question about taxes. I have called some tax accountants but have been unable to get a straight answer. They tell me I need to consult with them for a fee. So before I do that, may I ask here?

1) Can you claim your spouse as a dependent? Mine wasn't here in 2005. (He arrived in Feb. 2006) But he isn't working and I am supporting him.

2) Do you have to do an amended tax return (1040X) if you filed single instead of married filing jointly for 2004 tax returns? We got married that year and I didn't think I would need to change my filing status. Now I did try to work on the 1040X but I am not getting anything back (as far as my calculations) nor do I owe the IRS any money. Is it worth doing a 1040X? Do you get back more than you would when filing as a single?

I would really appreciate any advice regarding this. And again, thanks Reinhard, for your invaluable tax advice in another message thread.

[flipside 0]

Not sure on number 2, but for #1 absolutely not.

[els622 0]

I hope this will be my last question about taxes. I have called some tax accountants but have been unable to get a straight answer. They tell me I need to consult with them for a fee. So before I do that, may I ask here?

1) Can you claim your spouse as a dependent? Mine wasn't here in 2005. (He arrived in Feb. 2006) But he isn't working and I am supporting him.

2) Do you have to do an amended tax return (1040X) if you filed single instead of married filing jointly for 2004 tax returns? We got married that year and I didn't think I would need to change my filing status. Now I did try to work on the 1040X but I am not getting anything back (as far as my calculations) nor do I owe the IRS any money. Is it worth doing a 1040X? Do you get back more than you would when filing as a single?

I would really appreciate any advice regarding this. And again, thanks Reinhard, for your invaluable tax advice in another message thread.

I just filed my taxes with a tax service. They told me I could not file married filing jointly because my husband is not here in the US and does not have a social security number. Married filing separate had me owing several thousand dollars. I contacted the IRS and was told I can file jointly and request a Individual Tax ID Number (ITIN) for my husband. This is only for the purpose of filing taxes. When they corrected my status to married filing joint, I owe less than $500.00. You need IRS Form W7 for that. See IRS publications 501 and 519. Hope this helps.

Edited March 9, 2006 by els622

[mawilson 2,133]

Not sure on number 2, but for #1 absolutely not.

Can you back this up with facts? I know someone who I believe did just that.

[de_sjiem 0]

You can't claim a spouse as a dependant, but you can use them as an exemption.. just file married/jointly, and if they dont have a SSN, get them an ITIN (file W-7 from the IRS website).. even if they did not live in the US for any or all of 2005 you can still use them.. They just have to submit a statement with you claiming residency.. but be careful because then you might need to claim their foreign income as well.. not entirely sure how that works....

[mawilson 2,133]

You can't claim a spouse as a dependant

Are you 100% sure? Would you be willing to bet your life on it?

[flipside 0]

You can't claim a spouse as a dependant

Are you 100% sure? Would you be willing to bet your life on it?

No.. but I'd be willing to bet yours...

[mawilson 2,133]

No.. but I'd be willing to bet yours...

How about dispensing with the games and smart ####### comments and giving us some facts?

[flipside 0]

I mean is it so hard to do just a little research??

http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

Page 19.. jeez..

Too lazy for even that? Call 1-800-829-1040 and let us know how it turns out.

THe person you know who did it is in a world of sh|t if he gets caught.

Edited March 10, 2006 by flipside

[Flames9_RN 358]

If you make under than $50,000 a yr, many of the tax prep software is FREE. Just goto irs.gov and see which programs do that

I was fooling around with turbotax (or one of them) It stated on one of the pages that you CAN NOT claim your spouse as dependant!! But if you want a hard copy answer, goto irs.gov, look it up or call them. Best of luck

[mawilson 2,133]

I mean is it so hard to do just a little research??

http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

Page 19.. jeez..

Too lazy for even that? Call 1-800-829-1040 and let us know how it turns out.

THe person you know who did it is in a world of sh|t if he gets caught.

You cannot claim your spouse as a dependent only if you file a joint return.

It's perfectly ok to claim your spouse as a dependent if you file a separate return

and your spouse is not filing a tax return, had no income and cannot be claimed

as a dependent on another's tax return.

[flipside 0]

I mean is it so hard to do just a little research??

http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

Page 19.. jeez..

Too lazy for even that? Call 1-800-829-1040 and let us know how it turns out.

THe person you know who did it is in a world of sh|t if he gets caught.

You cannot claim your spouse as a dependent only if you file a joint return.

It's perfectly ok to claim your spouse as a dependent if you file a separate return

and your spouse is not filing a tax return, had no income and cannot be claimed

as a dependent on another's tax return.

Sorry, but are you completely retarded? It states quite clearly in the IRS instructions above that you cannot, under any circumstances, claim a spouse as a dependant.

[mawilson 2,133]

Sorry, but are you completely retarded? It states quite clearly in the IRS instructions above that you cannot, under any circumstances, claim a spouse as a dependant.

flipside -- you are really asking for it, mate. I will refrain from calling you names,

but another insulting remark from you will get your VJ login suspended, despite my

prior commitment never to do so.

Again, I ask, please quote the exact section of the law where it is "quite clearly" stated

that you cannot "under any circumstances" claim a spouse as a dependant.

[mawilson 2,133]

From Page 21 of the IRS document you quoted:

"Married person. If the person is married, you cannot claim that

person as your dependent if he or she files a joint return. But this

rule does not apply if the return is filed only as a claim for refund

and no tax liability would exist for either spouse if they had filed

separate returns."

[flipside 0]

If you follow the lovely little flow chart game you'll see...

Page 20.. halfway down on the left...

Any other person (other then your spouse)....

The out of context quote you referred to is if the person you are claiming is married to SOMEONE ELSE (qualifying child or qualifying relative).

I don't know why I bother. Ugh.

Just to make sure I'm not completely insane, I just called my brother who's a CPA, who confirmed what everyone else here has said about 9 times. You can't claim a spouse as a dependant.

Seriously call the number above, a direct line to the IRS. They will tell you the same thing.

And don't threaten me.