taxes and spouses not yet in the u.s.

[riblet 0]

Although I recall someone arguing to the contrary, as far as I read the law you can not claim a person as a dependent who does not live in the U.S.

I called IRS today, talked w/ W-7 dept. and then they transferred me to the Non Resident Alien dept. Basically they tell you the same thing as what you get in the form's directions (w-7) and the same thing from Pub 519.

But they are extemely patient and were very nice to me.

As for me, married in china 11/06, she is still there and so is daughter. (CR1/CR2)

1. I will file 1040 jointly.

2. exemptions = 3 me, spouse, daughter

3. then send 1040, state taxes and W-7s (spouse & daughter) to sign

4. spouse will will get translated certified/notarized copies of her and daughters passports.

5. spouse will then back to me taxes, W-7s and passport copies.

6. when I recieve everything, 1040 will be sent to Austin, Texas

This was what I told to do today and the funny thing was the IRS people said to use fed ex or dhl and not USPS.

also, get the agent's name and ID # just in case of disconnect. I also gave them my number when I was on phone and sure enough my cell died from at first being on hold for so long. they called me right back at cell and house phone!

So I can also add my step-son to my return also? Is there any place on their web that states that? hmm...interesting....

[ktmracer 0]

What law is that? as the statue says, if you or your spouse contributed to over half of the dependents well being, (fed, clothed, roof over their head etc.) dependent can be exempted.

Although I recall someone arguing to the contrary, as far as I read the law you can not claim a person as a dependent who does not live in the U.S.

I called IRS today, talked w/ W-7 dept. and then they transferred me to the Non Resident Alien dept. Basically they tell you the same thing as what you get in the form's directions (w-7) and the same thing from Pub 519.

But they are extemely patient and were very nice to me.

As for me, married in china 11/06, she is still there and so is daughter. (CR1/CR2)

1. I will file 1040 jointly.

2. exemptions = 3 me, spouse, daughter

3. then send 1040, state taxes and W-7s (spouse & daughter) to sign

4. spouse will will get translated certified/notarized copies of her and daughters passports.

5. spouse will then back to me taxes, W-7s and passport copies.

6. when I recieve everything, 1040 will be sent to Austin, Texas

This was what I told to do today and the funny thing was the IRS people said to use fed ex or dhl and not USPS.

also, get the agent's name and ID # just in case of disconnect. I also gave them my number when I was on phone and sure enough my cell died from at first being on hold for so long. they called me right back at cell and house phone!

So I can also add my step-son to my return also? Is there any place on their web that states that? hmm...interesting....

[payxibka 10,047]

I called IRS today, talked w/ W-7 dept. and then they transferred me to the Non Resident Alien dept. Basically they tell you the same thing as what you get in the form's directions (w-7) and the same thing from Pub 519.

But they are extemely patient and were very nice to me.

As for me, married in china 11/06, she is still there and so is daughter. (CR1/CR2)

1. I will file 1040 jointly.

2. exemptions = 3 me, spouse, daughter

3. then send 1040, state taxes and W-7s (spouse & daughter) to sign

4. spouse will will get translated certified/notarized copies of her and daughters passports.

5. spouse will then back to me taxes, W-7s and passport copies.

6. when I recieve everything, 1040 will be sent to Austin, Texas

This was what I told to do today and the funny thing was the IRS people said to use fed ex or dhl and not USPS.

also, get the agent's name and ID # just in case of disconnect. I also gave them my number when I was on phone and sure enough my cell died from at first being on hold for so long. they called me right back at cell and house phone!

Relying on advice given to you by the IRS mis-information line and using it as a defense in the event of a review or audit of your return does not hold up. You need to verify all information received because they do give out wrong advice. This is a known fact. You need to confirm the information they gave you about claiming your non-resident alien daughter as an exemption.

From the IRS website:

You can claim personal exemptions and exemptions for dependents according to the dependency rules for U.S. citizens. You can claim an exemption for your spouse on a separate return if your spouse had no gross income for U.S. tax purposes and was not the dependent of another taxpayer. You can claim this exemption even if your spouse has not been a resident alien for a full tax year or is an alien who has not come to the United States.

You can claim an exemption for each person who qualifies as a dependent according to the rules for U.S. citizens. The dependent must be a citizen or national (defined earlier) of the United States or be a resident of the United States, Canada, or Mexico for some part of the calendar year in which your tax year begins. Get Publication 501 for more information.

http://www.irs.gov/publications/p519/ch05.html#d0e5072

Edited February 13, 2007 by fwaguy

[ktmracer 0]

I called IRS today, talked w/ W-7 dept. and then they transferred me to the Non Resident Alien dept. Basically they tell you the same thing as what you get in the form's directions (w-7) and the same thing from Pub 519.

But they are extemely patient and were very nice to me.

As for me, married in china 11/06, she is still there and so is daughter. (CR1/CR2)

1. I will file 1040 jointly.

2. exemptions = 3 me, spouse, daughter

3. then send 1040, state taxes and W-7s (spouse & daughter) to sign

4. spouse will will get translated certified/notarized copies of her and daughters passports.

5. spouse will then back to me taxes, W-7s and passport copies.

6. when I recieve everything, 1040 will be sent to Austin, Texas

This was what I told to do today and the funny thing was the IRS people said to use fed ex or dhl and not USPS.

also, get the agent's name and ID # just in case of disconnect. I also gave them my number when I was on phone and sure enough my cell died from at first being on hold for so long. they called me right back at cell and house phone!

Relying on advice given to you by the IRS mis-information line and using it as a defense in the event of a review or audit of your return does not hold up. You need to verify all information received because they do give out wrong advice. This is a known fact. You need to confirm the information they gave you about claiming your non-resident alien daughter as an exemption.

From the IRS website:

You can claim personal exemptions and exemptions for dependents according to the dependency rules for U.S. citizens. You can claim an exemption for your spouse on a separate return if your spouse had no gross income for U.S. tax purposes and was not the dependent of another taxpayer. You can claim this exemption even if your spouse has not been a resident alien for a full tax year or is an alien who has not come to the United States.

You can claim an exemption for each person who qualifies as a dependent according to the rules for U.S. citizens. The dependent must be a citizen or national (defined earlier) of the United States or be a resident of the United States, Canada, or Mexico for some part of the calendar year in which your tax year begins. Get Publication 501 for more information.

http://www.irs.gov/publications/p519/ch05.html#d0e5072

Get Publication 501 for more information

In the eyes of the IRS filing jointly, We will be taxed on world wide income no matter where my spouse is. so if my spouse is here, ireland, china or on the moon we are taxed. whether she is here or not she is the custodial parent and i am the step-father of daughter.

also, IRS as the mis info line, No Doubt, They did forget about document translation. then again, I always call back a day later and see what another agent says.

[beameup 0]

I agree,

The IRS knows no "bounds" as far as tax collection goes, you can be living anywhere on the planet.

There are several million American citizens retired and living in foreign countries - they must still file.

Many of these "ex-pats" are also married to foreign nationals.

Following the instructions on the W-7 will allow you to obtain an ITIN for your foreign spouse.

- I'm doing it tomorrow here in the Philippines.

The "field" for the spouses SSN/ITIN is left blank with the following note: "ITIN not issued yet".

The W-7 is then attached to the 1040 and mailed to:

IRS, ITIN Operation, PO Box 149342, Austin, TX 78714

I called IRS today, talked w/ W-7 dept. and then they transferred me to the Non Resident Alien dept. Basically they tell you the same thing as what you get in the form's directions (w-7) and the same thing from Pub 519.

But they are extemely patient and were very nice to me.

As for me, married in china 11/06, she is still there and so is daughter. (CR1/CR2)

1. I will file 1040 jointly.

2. exemptions = 3 me, spouse, daughter

3. then send 1040, state taxes and W-7s (spouse & daughter) to sign

4. spouse will will get translated certified/notarized copies of her and daughters passports.

5. spouse will then back to me taxes, W-7s and passport copies.

6. when I recieve everything, 1040 will be sent to Austin, Texas

This was what I told to do today and the funny thing was the IRS people said to use fed ex or dhl and not USPS.

also, get the agent's name and ID # just in case of disconnect. I also gave them my number when I was on phone and sure enough my cell died from at first being on hold for so long. they called me right back at cell and house phone!

Relying on advice given to you by the IRS mis-information line and using it as a defense in the event of a review or audit of your return does not hold up. You need to verify all information received because they do give out wrong advice. This is a known fact. You need to confirm the information they gave you about claiming your non-resident alien daughter as an exemption.

From the IRS website:

You can claim personal exemptions and exemptions for dependents according to the dependency rules for U.S. citizens. You can claim an exemption for your spouse on a separate return if your spouse had no gross income for U.S. tax purposes and was not the dependent of another taxpayer. You can claim this exemption even if your spouse has not been a resident alien for a full tax year or is an alien who has not come to the United States.

You can claim an exemption for each person who qualifies as a dependent according to the rules for U.S. citizens. The dependent must be a citizen or national (defined earlier) of the United States or be a resident of the United States, Canada, or Mexico for some part of the calendar year in which your tax year begins. Get Publication 501 for more information.

http://www.irs.gov/publications/p519/ch05.html#d0e5072

Get Publication 501 for more information

In the eyes of the IRS filing jointly, We will be taxed on world wide income no matter where my spouse is. so if my spouse is here, ireland, china or on the moon we are taxed. whether she is here or not she is the custodial parent and i am the step-father of daughter.

also, IRS as the mis info line, No Doubt, They did forget about document translation. then again, I always call back a day later and see what another agent says.

[payxibka 10,047]

Get Publication 501 for more information

In the eyes of the IRS filing jointly, We will be taxed on world wide income no matter where my spouse is. so if my spouse is here, ireland, china or on the moon we are taxed. whether she is here or not she is the custodial parent and i am the step-father of daughter.

also, IRS as the mis info line, No Doubt, They did forget about document translation. then again, I always call back a day later and see what another agent says.

There is no issue about your ability to claim you non-resident alien spouse. The question is your ability to claim as an exemption you non-resident alien child. The rules for the exemption for a qualifying child are different.

[knowledge 0]

You can file jointly if she elects to be treated as a resident alient... this is the one thing I haven't quite figured out how to do... but I know it involves a letter stating such.

If you find it before I do, post here

Going on this info, I took a look at the W-7 form and it seems pretty simple. Then I called the IRS (quite helpful and got someone to speak to in a matter of seconds which is hard to come by these days)

Here's my brief story for background.

My wife came to the U.S. in January 2006 on a student (j1) visa. We met while she was here and she stayed here for 3 months.

Then we got married overseas in August, and we're still awaiting the I-130 process.

The gentleman at the IRS said that even though I can get apply for a W-7 (you send it alongside your taxes for this year) and though she can get an ITIN number, that for me to file jointly, that she needed to reside in the U.S. at the end of 2006.

I don't know and I'm not an accountant but I highly doubt the 3 months she stayed in the U.S. in the beginning of 2006 count towards "residency"

So make sure you check this before filing for a joint return.

"resident" alien means she resides...so not applicable to her/or ask if 3 months is considered in some temp resident of kind...is better of course to ask them...hm!!!