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Dan Jr

How to file file taxes? (Spouse just obtained GC and SS)

By Dan Jr in Tax & Finances During US Immigration

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Dan Jr Contributor

Dan Jr   22

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Hi all, It's tax season and there are many questions going around regarding taxes, and I have one more.

Here's my case:

-Got married in January 2017

-Spouse lived abroad waiting for interview during all of 2017

-Spouse obtained residency and social security number and moved to the US in January 2018

 

Should we file as MFJ? Or should I file as MFS?

Thanks in advance. 

 

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Khallaf Proficient

Khallaf   650

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44 minutes ago, Dan Jr said:

Hi all, It's tax season and there are many questions going around regarding taxes, and I have one more.

Here's my case:

-Got married in January 2017

-Spouse lived abroad waiting for interview during all of 2017

-Spouse obtained residency and social security number and moved to the US in January 2018

 

Should we file as MFJ? Or should I file as MFS?

Thanks in advance. 

 

you were married all of 2017, even if your spouse was still over seas like mine is right now, you just file for Itin, but your spouse has a SSN, you can file MFJ but remember to include all of the income they had oversea in 2017.

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Dan Jr Contributor

Dan Jr   22

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8 minutes ago, Khallaf said:

 

you were married all of 2017, even if your spouse was still over seas like mine is right now, you just file for Itin, but your spouse has a SSN, you can file MFJ but remember to include all of the income they had oversea in 2017.

Ok. Makes sense. Thanks a lot! 

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Binna Enthusiast

Binna   108

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3 hours ago, Dan Jr said:

Ok. Makes sense. Thanks a lot! 

Check out this posting here

 

3. Dual-Status/NRA spouse + Filing Jointly

 

 

 

You can choose to treat your dual-status/NRA spouse as a RA for tax purposes for the entire tax year in question. This option allows you to file a joint return (MFJ) and apply all eligible deductions and credits. You would be required to report BOTH spouse's worldwide income. A special election statement needs to be attached to your return indicating this choice. See the following IRS link for how to write the election statement: http://1.usa.gov/1Sw3S7A

 

SSN/ITIN is needed.
 
Since you now have SSN you may file as MFJ above but since you weren't making any US income all through 2017, you would need to report all your spouses income outside the US in 2017 though.

...do good and good will be done onto you...

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MariaR323 Proficient

MariaR323   199

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The real determining factor as to what filing status to use will be the amount of INCOME to report, which ultimately defines your tax liability.

 

Basically, you should run the numbers both ways to see which filing status produces less taxes :thumbs: 

Maria ~ U.S. Citizen

 

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payxibka Grand Master

payxibka   10,045

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On 1/30/2018 at 11:33 AM, Khallaf said:

 

you were married all of 2017, even if your spouse was still over seas like mine is right now, you just file for Itin, but your spouse has a SSN, you can file MFJ but remember to include all of the income they had oversea in 2017.

Don't need to be married all of the year, just by the last day of the year

YMMV

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Dan Jr Contributor

Dan Jr   22

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12 hours ago, MariaR323 said:

The real determining factor as to what filing status to use will be the amount of INCOME to report, which ultimately defines your tax liability.

 

Basically, you should run the numbers both ways to see which filing status produces less taxes :thumbs: 

 

7 hours ago, payxibka said:

Don't need to be married all of the year, just by the last day of the year

Thank you both for your response. This website is a real life saver :) 

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