filing status questions (split topic)

[Slution 1]

On ‎12‎/‎11‎/‎2016 at 11:29 AM, pushbrk said:

The question of filing status comes up every year, it seems. While it is not strictly correct to file as single for a given year if you were married at the end of that year, the result is over-payment of taxes, for which there is no penalty.

I married in December, 2005 and filed single for that year anyway. After my wife and her daughter were here, I filed an amended return concurrently with application for their ITINs.

EXCEPTION: If you are employed by the IRS, the penalty is losing your job, even if you overpaid your taxes. Otherwise, it's so common Consular Officers simply overlook it, OFTEN.

I have few questions hope it can get answered.

I was married in 2016, I have interview coming for CR1, will it cause problems when the CO see my filing status as single for the year of 2016?

I can't get ITIN number for my spouse in time for filing because it requires her signature and certified copy of her passport, so married filing jointly will not be an option. I am looking into file as married filing separately which seems like it doesn't required ITIN, I see a lot posts that said you can put NRA in the SSN field, but in the IRS website states they no longer accepts returns without SSN or ITIN.

What would be my options here? Thank you in advance

[Ryan H 3,812]

Post split into separate thread as poster is asking their own question and not replying to the OP of the other thread.  Please start your own thread with your own questions instead of hijacking threads started by other members.

[RandyW 149]

The IRS' Publication 17 says on page 22

 

Quote

If you file a separate return, you generally report only your own income, exemptions, credits, and deductions. You can claim an exemption for your spouse only if your spouse had no gross income, isn't filing a return, and wasn't the dependent of another person.

 

You can file Form 1040. If your taxable income is less than $100,000, you may be able to file Form 1040A. Select this filing status by checking the box on line 3 of either form. Enter your spouse's full name and SSN or ITIN in the spaces provided. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter “NRA” in the space for your spouse's SSN. Use the Married filing separately column of the Tax Table or Section C of the Tax Computation Worksheet to figure your tax.

 

 

Of course, you can't do that if you're filing electronically, since a numeric entry is required. Intuit (Turbo Tax) recommends that you print paper copies, enter NRA by hand, and mail those in. Apparently, they (Turbo Tax) DON'T accept the 000-00-0000.

 

If you want to use 000-00-0000 and still file electronically, I don't expect you'll have any problem, but I'm having trouble finding anything to back that up, except for Publication 80 (Payrolls), where it says,

Quote

If you file Form W-2AS, W-2CM, W-2GU, or W-2VI on paper and your employee applied for an SSN but doesn't have one when you must file Form W-2AS, W-2CM, W-2GU, or W-2VI, enter “Applied For” on the form. If you’re filing electronically, enter all zeros (000-00-0000 if creating forms online or 000000000 if up-loading a file) in the social security number field.

 

 

 . . . and this, regarding student financial aid - http://www.nasfaa.or...Security_Number

 

Quote

The instructions for Questions 63-70 on the 2009-10 FAFSA (see Page 6 of the paper form) direct parents without a SSN to enter 000-00-0000 in the appropriate field.