Question for US tax filers

[MidAtlanticMerge 9]

For those who live in the US and are married to a non-US citizen, how are you filing taxes? Married but filing separately? Will there be extra questions about my spouses earnings/SSN/taxes?

Thanks!

[JohnR! 5,495]

If you file as MFS you need not include your spouse's income.

[TBoneTX 46,262]

*** Thread moved from CR-1 Process forum to the Tax & Finances forum -- topic involves taxes. ***

[kzielu 1,153]

For those who live in the US and are married to a non-US citizen, how are you filing taxes? Married but filing separately? Will there be extra questions about my spouses earnings/SSN/taxes?

Thanks!

With MFS filing you will have to include spouse's name, SSN or ITIN, and answer whether he/she is using standard or itemized deductions since you both have to do same thing. No questions on earnings.

[MidAtlanticMerge 9]

With MFS filing you will have to include spouse's name, SSN or ITIN, and answer whether he/she is using standard or itemized deductions since you both have to do same thing. No questions on earnings.

What if he has no SSN since he isn't American? What's an ITIN?

Also - he isn't going to be filing taxes since he doesn't live or work in the States. Does this change things?

Thanks!

[JohnR! 5,495]

In this case, you should enter N/A in the SSN field in the forms and choose the deduction category that suits you best. The IRS won't check it at that level.

What if he has no SSN since he isn't American? What's an ITIN?

Also - he isn't going to be filing taxes since he doesn't live or work in the States. Does this change things?

Thanks!

[kzielu 1,153]

What if he has no SSN since he isn't American? What's an ITIN?

Also - he isn't going to be filing taxes since he doesn't live or work in the States. Does this change things?

Thanks!

Looked around VJ - people were putting something instead of SSN in very same situation - N/A or something - it may prevent you from e-filing though. ITIN is tax identiication number that people ineligible for SSN can get.

Fact he doesn't live in US doesn't really chance anything - you still need to file as married.

[spousewaitingvisa 39]

What if he has no SSN since he isn't American? What's an ITIN?

Also - he isn't going to be filing taxes since he doesn't live or work in the States. Does this change things?

Thanks!

Since you are married and US citizen, you still have to state that you are married (either separately or jointly), not single. No matter whether your spouse is not working or he is not American, you still have to report to IRS if you are working in US and you are US citizen.

Don't use N/A. "NRA" should be written down on spouse's SSN when you file for MFS. NRA stands for non-residents aliens. For filing MFJ, it is difficult to obtain an ITIN if your spouse is not in USA because IRS asks for original passport or certified copy of passport. You can try filling out the W-7 form and attach it to 1070 and mail it to specific address of the IRS. I tried to send certified copies of my spouse's passport and they didn't accept it. They returned it to me. They would like to see my spouse's original passport.

To file MFS with NRA, you have to file by mail, not electronically. Some tax softwares won't allow you to enter NRA on spouse's SSN. That's what I did by mail. It was approved. It was much easier. In order to get my tax refunds, I will amend my latest filing (it has to be within 3 years of my last filing) from MFS to MFJ using 1040X when my spouse arrives here and get her new SSN.

If you want to read more information about how to enter NRA and mail it instead of e-file it: https://ttlc.intuit.com/questions/2225861-how-do-i-enter-nra-in-the-field-for-my-wife-s-ssn

To answer your question "what is an ITIN?", http://www.irs.gov/Individuals/General-ITIN-Information

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. It is a nine-digit number that always begins with the number 9 and has a range of 70-88 in the fourth and fifth digit. Effective April 12, 2011, the range was extended to include 900-70-0000 through 999-88-9999, 900-90-0000 through 999-92-9999 and 900-94-0000 through 999-99-9999. IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code.

Individuals must have a filing requirement and file a valid federal income tax return to receive an ITIN, unless they meet an exception.

[mlh 93]

We are getting an ITIN for my husband so that I can file MFJ because it will almost triple my refund. I would recommend doing your taxes MFS and MFJ to see which gives you a better result. It takes a little bit more time, but I did them through Turbo Tax (I can't e-file and have to do them via mail) but at least I got the answer a little faster than pulling out the calculator and pencil.

[triterp80 1]

I have a problem that I believe must be common to many people on here but I can't find this talked about in any other thread. I wasn't sure whether to start a new thread or add to an existing one - I went with the latter.

I was married this past Oct 2014 and now I am filing my taxes and I want the student loan interest deduction that comes with having my student loan. The problem is if I file as MFJ then the IRS requires that I report on worldwide income and that includes my wife's income from her home country. Even after adjusting for the foreign earned income exclusion, our combined income will put us in a tax bracket that will wipe out all deductions. In fact I may owe money because the combined adjusted income will, I believe, be more than the money I've already paid in the withholding from my paychecks.

If I file as MFS, I am not eligible for any deductions and I get nothing back.

Is my only option in this case really to file MFS and get no tax return?

One thing that both confuses and bothers me is that my wife resides in, works in and pay taxes in her own country while we are going through the immigration process. She pays taxes to her own government and all of her income comes from there as well. By filing as MFJ, she would in effect have to pay taxes twice - once to her government and once to the US government. What is the purpose of this?

Does anyone have firsthand knowledge of or experience with this situation and can advise of a different strategy or confirm that I have identified the only route to take?

Thanks in advance!

[novedsac 355]

I have a problem that I believe must be common to many people on here but I can't find this talked about in any other thread. I wasn't sure whether to start a new thread or add to an existing one - I went with the latter.

I was married this past Oct 2014 and now I am filing my taxes and I want the student loan interest deduction that comes with having my student loan. The problem is if I file as MFJ then the IRS requires that I report on worldwide income and that includes my wife's income from her home country. Even after adjusting for the foreign earned income exclusion, our combined income will put us in a tax bracket that will wipe out all deductions. In fact I may owe money because the combined adjusted income will, I believe, be more than the money I've already paid in the withholding from my paychecks.

If I file as MFS, I am not eligible for any deductions and I get nothing back.

Is my only option in this case really to file MFS and get no tax return?

One thing that both confuses and bothers me is that my wife resides in, works in and pay taxes in her own country while we are going through the immigration process. She pays taxes to her own government and all of her income comes from there as well. By filing as MFJ, she would in effect have to pay taxes twice - once to her government and once to the US government. What is the purpose of this?

Does anyone have firsthand knowledge of or experience with this situation and can advise of a different strategy or confirm that I have identified the only route to take?

Thanks in advance!

Do you have any other qualifying dependents living in your home for more than half the year in 2014 and your spouse did not live with you in your home for the last six months of 2014? If the answer to both of these questions is 'yes', then you may qualify for filing as Head of Household.

Otherwise, you're only choices are MFJ or MFS.

Phase-out limits for student loan interest are quite low; that's just a fact you'll have to deal with when having a higher income. However, phase-out limits for other deductions are significantly higher - so you should still be able to take advantage of mortgage interest, state and local taxes paid, charitable donations, etc. Yes, MFS does limit your deductions quite significantly; this is why it's not the preferable choice in most situations.

If you are eligible for tax-advantaged IRA contributions, you still have until April 15th to make contributions for the 2014 tax year and this may help reduce your tax liability.

Edited March 9, 2015 by novedsac