Should she start filing her taxes as married?

[Jer1234 65]

[payxibka 10,045]

Tax filing status is determined on your marital status as of the last day of the tax year.  If you are married then you file as a married individual.  Your choice is Married - joint or Married - Separate.  I don't understand why this is such a hard concept for people to understand.

[Crazy Cat 41,982]

9 minutes ago, payxibka said:

Tax filing status is determined on your marital status as of the last day of the tax year.  If you are married then you file as a married individual.  Your choice is Married - joint or Married - Separate.  I don't understand why this is such a hard concept for people to understand.

Taxes can be very confusing and complicated....but I agree with you.......Choosing between "single" or "married" is the easiest part.....

[Jer1234 65]

Just now, missileman said:

Taxes can be very confusing and complicated....but I agree with you.......Choosing between "single" or "married" is the easiest part.....

Thank you..That's tru a

[Jer1234 65]

1 minute ago, Dee elle said:

I c,early answered your post in the other thread... twice...

Single is so for..  married is married... don t over hink

I clearly answered your 2 questions in the other thread....

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Posted 28 minutes ago (edited)

  1 hour ago, Jer1234 said:

Hi guys goodnight. ..hope everyone is well and in Good spirits ..jus asking a question. .so my wife Will be filing her taxes next month ..am reading up on d whole nvc process n am seeing that she shouldn't file her tax as single but as "married filing separately"is that correct since am living in another country? And what about the taxes she filed before we got married? We got married in may of 2017..is the the whole filing as single, married or married filing separately a big deal..please shed some light. .all the best guys:)

If a USC or LPR is married, no matter in what country the spouse lives they must file taxes as married. If the non resident spouse has a SSN or ITIN, then the USC can file Married filing jointly. If the non resident does not have a SSN or ITIN, the US resident must file Married filing separately. Once married they cannot file as single 

 

status .... married or single... is as at December 31 of each year .... and applies for the whole tax yr

 

Do not overthink this...

Simple question.. simple answer

2015 ....was she single or married..... single.... so she filed single

2016 ...was she single or married.......single......so she filed single

2017 ....was she single or married....... married.... so she filed married

 

 

I am assuming that she was not married to someone else during 2015 and 2016.... then divorced and married you.... 

 Thanks got it.

Didn't know the other thread was visible to everyone. .

Just now, Jer1234 said:

 Thanks got it.

Didn't know the other thread was visible to everyone. .

Lol not over thinking . Thanks again

[ms_bobdog 501]

1 hour ago, payxibka said:

Tax filing status is determined on your marital status as of the last day of the tax year.  If you are married then you file as a married individual.  Your choice is Married - joint or Married - Separate.  I don't understand why this is such a hard concept for people to understand.

I think the problem stems from how filing as married, whether separately or jointly, requires both names and SSN (at least Form 1040 suggests that) so for foreign spouses who live overseas and have no SSN, it does look like there is no option to file under 'married' status.

[ms_bobdog 501]

@Jer1234 If you have no ITIN or SSN, your wife will need to file as Married Filing Separately. And she cannot e-file because under the spouse SSN section, she will have to write NRA. She has to paper file, so might want to look into it soon.

[ms_bobdog 501]

3 minutes ago, Dee elle said:

This is incorrect..  a person who is married cannot file as single.

From the IRS instructions for completing the 1040

Single

 

You can check the box on line 1 if any of the following was true on December 31, 2017.

• You were never married.

• You were legally separated according to your state law under a decree of divorce or separate maintenance. But if, at the end of 2017, your divorce wasn't final (an interlocutory decree), you are considered married and can't check the box on line 1.

• You were widowed before January 1, 2017, and didn't remarry before the end of 2017. But if you have a child, you may be able to use the qualifying widow(er) filing status. See the instructions for line 5.

There are also instructions about what to write if the spouse and no SSN or ITIN. If there is no SSN or ITIN for the spouse, the only option is MFS

I know. But looking at the form itself, it is not very obvious. That's why people get confused.

[payxibka 10,045]

10 minutes ago, ms_bobdog said:

I think the problem stems from how filing as married, whether separately or jointly, requires both names and SSN (at least Form 1040 suggests that) so for foreign spouses who live overseas and have no SSN, it does look like there is no option to file under 'married' status.

Really?  Have you looked at IRS Publication 501?  That is why in the instructions to the forms it references many of the supplemental guides

 

[ms_bobdog 501]

Just now, payxibka said:

Really?  Have you looked at IRS Publication 501?  That is why in the instructions to the forms it references many of the supplemental guides

 

I have, and I know. But many don't read the instructions or guides. Or they read and get confused. I was just saying why some people find this confusing.

[ms_bobdog 501]

1 minute ago, Dee elle said:

I do not disagree with the confusing nature of the forms.. but the instructions what must be read in conjunction with filling out the form.. and most of the time the answer is clearly found in the official instructions sheet... 

But people don't read! I am baffled many times how many people come in here and simply ask 'how do I start this process'! 

[payxibka 10,045]

Just now, ms_bobdog said:

I have, and I know. But many don't read the instructions or guides. Or they read and get confused. I was just saying why some people find this confusing.

Shame on them for undertaking a relatively complex filing and not read the instructions....  Preparing immigration forms is much less daunting than the IRS and people not only read the instructions but read the guides and ask boatloads of questions on sites such as VJ.

[ms_bobdog 501]

3 minutes ago, Dee elle said:

Oh I agree.. immigration forms were a walk in the park compared to our first year tax returns.. dual status, foreign earned income exemptions... aaarrrrgggghhhhh  🤤

I will understand soon... 

[Crazy Cat 41,982]

7 hours ago, Dee elle said:

Oh I agree.. immigration forms were a walk in the park compared to our first year tax returns.. dual status, foreign earned income exemptions... aaarrrrgggghhhhh  🤤

So true.  I have done my own taxes for almost as long as I can remember .......until this year......FBAR, foreign income reporting , my wife's changing status..........luckily, i found a very good accountant who knows her stuff.....and she has reasonable fees........

[jkstark 97]

Could there possibly be a pinned post that explains this in such a way that a quick search will bring it to the forefront here?  I think I've seen at least one new question about this daily for the past few weeks, and it might be helpful to everybody to have a simple note about it available...