Filing Tax !!

[Yanirose 64]

So I came here on K1 visa got married and now going through aos! When I do receive my EAD I am hoping to start work asap!

My question are:

1.Do we file as joint? (I am going through aos so am not resident yet and dont have green card)

2: I am going to work with my EAD so my guess is that I have to file regardless right? Even though I am not resident yet

2. Do I also give notice to HMRC (Q for the UK people)

Edited October 14, 2015 by Yanirose

[newacct 688]

First of all, "resident" alien for tax purposes is different from what you think. Someone who meets the Substantial Presence Test (183 days in the US consisting of days in the US that year, plus a fraction of days in the US the previous 2 years) is a resident alien for tax purposes, even if they are not permanent residents.

1. Married Filing Jointly is in pretty much all circumstances better than Married Filing Separately, and the advantage grows with an increasing difference of income between the two people. Even if one spouse is a nonresident alien, the couple can still file jointly by using the Nonresident Spouse Treated As Resident option.

2. If you have sufficient income in the US, you need to file

3. don't know about this

[Yanirose 64]

I have just read so many different topics I got confused. Much appreciated, Thank You!!

[spahawk 10]

Hi

I let the HMRC know via the P85 form that I had moved to the states along with parts 2 and 3 of my P45. The main reason was that I am due a tax refund and wanted to make sure they had my new address. Also, further along the line, when I claim my state pension I want to ensure they have my contact details. So not a necessity, but it ties up loose ends.

Cheers

Paul

[Jo Së 200]

Because you are already married and living with your partner I assume, you both would have to file either married filing jontly or married filing separate. First option is best since you aren't working yet, second is really not an option unless you were makig your own income.

[Yanirose 64]

Jose&Eli - Yeah thats what we'll do, the first option makes sense. Thank you

Spahawks - Are we required to notify them though? In regards to the move or?

[redstripe54 42]

With this tax filing in mind, does anybody know who you pay tax to, I thought once you become a legal permanent resident, you have to pay tax to the US on all worldwide income, but your're also having to pay tax to the HMRC in the UK, in my case a pension and rental income. I understand that there is a double taxation agreement between the US and the UK. How does that work?

[Nich-Nick 3,354]

With this tax filing in mind, does anybody know who you pay tax to, I thought once you become a legal permanent resident, you have to pay tax to the US on all worldwide income, but your're also having to pay tax to the HMRC in the UK, in my case a pension and rental income. I understand that there is a double taxation agreement between the US and the UK. How does that work?

There is a tax treaty and it basically says pay the tax to the place where you are resident. So you have to notify HMRC to take you off their tax rolls because you are being taxed in the U.S. There's a HMRC form for that.

Are you drawing you pension now? I don't know a lot about UK pensions and they are changing the scheme as I understand it, but I have read previous discussions and comments by those that know. The UK does not tax pensions, is that correct? When you are a permanent resident of the U.S., your pension is going to be taxable income u dear US tax law. There are some exceptions to what pensions are not fully taxable, but yours probably won't qualify for such. Bummer.