Tax Return question

[chris/dine 0]

How should I file my tax return this year? Joint or filing separately? Because my husband just got here last here and he didn't work all year because he was waiting for ead. So im confused what I should put on my tax return? Please help..thanks

[Tim/Mav 305]

Do you mean last year and does he have a SSN# yet?

[chris/dine 0]

Yes I meant 2014 tax return, I will be filing it next week. Yes he does have ssn #

[Tim/Mav 305]

If your Married and was here in 2014 then you File Jointly and take Break.

[Pitaya 2,577]

~Moved from Fam.-based AOS to Tax & Finance During US Immigration Forum~

~Similar topics are often discussed at this forum~

[asisflyer 47]

There is more to this.....

Did your husband earn any income in 2014 in another country? How much. If you put him on your 2014 return, his worldwide income will be taxable!

Is that worth it for his deduction only ????

How many days did he spend in USA in 2014? 2013? 2012? 2014 Days + (2013 days/ 3) + (2012 days / 6) .. if > 183.. or > 183 days in 2014... THEN HE PASSES

THE SUBSTANTIAL PRESENCE TEST and must be a RESIDENT for US tax purposes (exceptions to this are excluded since he filed for immigration)

I presume his green card was not approved yet in 2014. Whatever year it occurs, the entire calendar year he becomes a resident for tax purposes (retroactive to Jan 1)

If No Substantial Presence Test and No Green Card in that year, then he is a NON-RESIDENT ALIEN "NRA" and you can write in NRA instead of his social if you do not require his deduction for the year. If you want him as an exemption, he will need an ITN or SSN. No number, no exemption.

Even if he is a Non-Resident Alien for taxes, you still have the option of treating him/her as resident for tax purposes. If you do this, you will inherit his Standard Deduction (or his itemized) and Exemption and use the Joint Tax Brackets but you will have to acknowledge his WORLDWIDE INCOME.

Also bear in mind that his Foreign Earned Income Exclusion for a non-US Citizen cannot use BONA FIDE foreign resident test! he has to be 330 day physical presence test, so if your goal is to file jointly and then make his overseas income unearned through a 2555, nope. He would have to meet the 330 day test then to offset his foreign income.

SO, it depends on your exact situation what is best for you.