Filing taxes for the first time (dual status in 2015)

[hir0 49]

I have seen several posts about tax filing but none have really been able to help me.

What I've understood from them however is that I had dual status in 2015 (non-resident alien and permanent resident) and also that Turbotax does not have my scenario in the software. Should I still try Turbotax?

This tread helped me the most but they filed jointly, while I will be filing married but filing separately.

Little info about my case: I entered the US on a K1visa, married a US citizen and received my EAD in October and my conditional 2-year green card in November. I worked a seasonal position for about one month the whole month of November. I have never filled my taxes and neither has my husband (his parents file his using Turbotax) I will file my taxes separately on my own and I am really unsure how to do it (and can't afford to go through a tax preparer)

THANK YOU

[Alaska2012 462]

It can be tricky to do on your own since you have to include income from abroad too.

Why aren't you filing jointly with your husband? That is an important piece of evidence when it comes to prove you have a real marriage.

[aaa2zzz 27]

https://www.irs.gov/publications/p519/ch01.html#en_US_2014_publink1000222164

Edited January 2, 2016 by aaa2zzz

[Sukie 1,462]

I have seen several posts about tax filing but none have really been able to help me.

What I've understood from them however is that I had dual status in 2015 (non-resident alien and permanent resident) and also that Turbotax does not have my scenario in the software. Should I still try Turbotax?

This tread helped me the most but they filed jointly, while I will be filing married but filing separately.

Little info about my case: I entered the US on a K1visa, married a US citizen and received my EAD in October and my conditional 2-year green card in November. I worked a seasonal position for about one month the whole month of November. I have never filled my taxes and neither has my husband (his parents file his using Turbotax) I will file my taxes separately on my own and I am really unsure how to do it (and can't afford to go through a tax preparer)

THANK YOU

I'm assuming at this point you have a social security number, right? If so, the easiest thing is for you and your husband to file "Married, Filing Jointly" on the 2015 taxes. TurboTax will be able to handle that. Filing jointly usually gives a couple the best treatment until US tax law unless you had something in your country of origin that would be taxable.

My biggest concern for you is if you were earning money in your home country prior to entering the US. If so, the US would see that money as taxable, and then taxes get complicated. If you were a student, and did not earn money in your home country, then things are much easier. For example, if you sold a house in your home country, then you'd be responsible for taxes on capital gains on that house. Many countries treat this differently. For example, we rented out my spouse's principal residence for two years before she came to the US. In Australia, she had to pay capital gains on the difference between the worth of the house when she put it into rental and when she sold it two years later. The market had not moved very much, so there was no capital gains tax in Australia. BUT...the US taxes capital gains from the time you BUY the house until you sell it - and that was a difference of over 400,000 USD!

Luckily, even though we were married, she had not immigrated to the US yet - so we filed Married, Filing Separately that year.

The next year, even though she didn't immigrate to the US until July, we were able to file Married, Filing Jointly. I think you and your spouse should be able to do this pretty easily.

Can your in-laws file a joint return for you both?

Sukie in NY

[hir0 49]

It can be tricky to do on your own since you have to include income from abroad too. Why aren't you filing jointly with your husband? That is an important piece of evidence when it comes to prove you have a real marriage.

I didn't have any income outside of the U.S. in 2015 because I've been here for a year (January 2015). We have a real marriage but there is one personal reason why we can't file together. If it needs to be, I will have to file both of ours together but as long as someone else files his, I can't file together. And I don't want to file both of our taxes because I have no experience with it at all, I want my husband to get his money back.

As long as you were in possession of a green card for 1 day in 2015, you are considered to be a resident alien and must file a tax return as a resident alien. You cannot file it as a non-resident alien.

https://www.irs.gov/taxtopics/tc851.html

Thank you !! I was not sure, I'm glad I can do it as a resident alien. Do you know if I can use Turbotax if I file as a resident alien?

[hir0 49]

I'm assuming at this point you have a social security number, right? If so, the easiest thing is for you and your husband to file "Married, Filing Jointly" on the 2015 taxes. TurboTax will be able to handle that. Filing jointly usually gives a couple the best treatment until US tax law unless you had something in your country of origin that would be taxable.

My biggest concern for you is if you were earning money in your home country prior to entering the US. If so, the US would see that money as taxable, and then taxes get complicated. If you were a student, and did not earn money in your home country, then things are much easier. For example, if you sold a house in your home country, then you'd be responsible for taxes on capital gains on that house. Many countries treat this differently. For example, we rented out my spouse's principal residence for two years before she came to the US. In Australia, she had to pay capital gains on the difference between the worth of the house when she put it into rental and when she sold it two years later. The market had not moved very much, so there was no capital gains tax in Australia. BUT...the US taxes capital gains from the time you BUY the house until you sell it - and that was a difference of over 400,000 USD!

Luckily, even though we were married, she had not immigrated to the US yet - so we filed Married, Filing Separately that year.

The next year, even though she didn't immigrate to the US until July, we were able to file Married, Filing Jointly. I think you and your spouse should be able to do this pretty easily.

Can your in-laws file a joint return for you both?

Sukie in NY

Yes, I have a social security number and no, I did not make money outside of the U.S. in 2015. I moved to the U.S. beginning of January 2015 but I received my last paycheck from my previous job in January even though my employment finished in December 2014.

My in-laws can't file a joint return for us, however I could file it myself it's just since I never did it before I'm too worried about doing it. That's why I have to file separately. My husband never filed his taxes himself either... we are two newbies regarding taxes

Would it be possible, without knowing ANYTHING about taxes, to file jointly using Turbotax for me and my husband? (we both have no idea about taxes)

[Alaska2012 462]

Yes you can file jointly using TurboTax, it's easy and unless you guys have any weird deductions you can do it on your own.

[Alaska2012 462]

Also, going to a place like H&R block isn't expensive, if you feel unsure on what to do. Filing jointly is the best thing to do.

[hir0 49]

Also, going to a place like H&R block isn't expensive, if you feel unsure on what to do. Filing jointly is the best thing to do.

Thank you Alaska2012 !

Yes you can file jointly using TurboTax, it's easy and unless you guys have any weird deductions you can do it on your own.

I don't think we have any weird deduction, I'll tell him to ask his parents before we do it. Thank you so much!

[NikLR 13,227]

~~moved to taxes and finances from moving here and your new life~~

[newacct 688]

Yes, I have a social security number and no, I did not make money outside of the U.S. in 2015. I moved to the U.S. beginning of January 2015 but I received my last paycheck from my previous job in January even though my employment finished in December 2014.

My in-laws can't file a joint return for us, however I could file it myself it's just since I never did it before I'm too worried about doing it. That's why I have to file separately. My husband never filed his taxes himself either... we are two newbies regarding taxes

Would it be possible, without knowing ANYTHING about taxes, to file jointly using Turbotax for me and my husband? (we both have no idea about taxes)

If you were paid in January 2015, then it is taxable in 2015 for that income. You should be able to use the Foreign Earned Income Exclusion on the 12 months before you came to the US, to exclude that income from US taxes but that's more forms to fill out. If you don't want to do that you can at least use the Foreign Tax Credit on any foreign taxes you paid.

Married Filing Jointly is much better than Married Filing Separately tax-wise, especially if the incomes of the two people are very different. It shouldn't be that hard to figure out how to file taxes.

[Pitaya 2,577]

~Attempted thread hijack moved to new posting~

~Due to the individual and often complex nature of tax inquiries, start a new thread~

Pitaya

VJ Moderation

[MarinaMaya 3]

If you earned less than minimum amount you are not required to file at all.

[Lorie00 12]

Hi everyone! I am super confused about 2016 tax filling and would appreciate your help. I came to the US on April 5, 2016 on K1 fiance visa, got married in May, got my SSN, got a green card in November.  I worked in England for a couple of years and my last day was April 4, 2016. I'm planning to file jointly with my husband. Now my questions are:
Do I need to declare my gross income from England for 3 months and 4 days if I already paid all the tax there? ( gross income for this time would be about $6195)
Do I have a dual status? 

What form do I need to use? I believe 1040? 
Can I file jointly and receive the marriage  standard deduction of $ 12600?
Can I apply for health insurance exemption if I purchased it only in December after receiving my green card?
Thank you for you help guys! I called IRS and immigration but they were unable to answer my inquiry...
 

Edited January 19, 2017 by Maggiamerica
forgot about k1