Regarding tax debt and filing joint or separate

[rfm 1]

My wife and her two children got approved late 2017. They arrived and received SSN's   Children were 17 and 22 upon arrival.  As Of March 2018, 4-5 months later, they are now 18 and 23.  After spending over a month in USA, my wife and the oldest child returned to their homeland. My wife to make final arrangements to move here permanently and the oldest child to finish last semester of University.  The 17 (now 18) is with me enrolled in USA high school.  My wife is a homemaker with no income at all.  None in her homeland and none in USA.    My wife will return to USA very shortly.   I have existing federal tax debt of approx.  30k that I am resolving.   

 

Any recommendations for how to file? Joint or separate?  I have been supporting everyone for years.   They never had an ITIN number and this is the first time we can file as a family b/c they all now have SSN's.   We were legally married abroad in 2012, but I was filing as single b/c they did not have ITIN's.    We want to file as married now of course...  any recommendations?    I am NOT  a homeowner if it makes a difference/

[payxibka 10,047]

1 minute ago, rfm said:

My wife and her two children got approved late 2017. They arrived and received SSN's   Children were 17 and 22 upon arrival.  As Of March 2018, 4-5 months later, they are now 18 and 23.  After spending over a month in USA, my wife and the oldest child returned to their homeland. My wife to make final arrangements to move here permanently and the oldest child to finish last semester of University.  The 17 (now 18) is with me enrolled in USA high school.  My wife is a homemaker with no income at all.  None in her homeland and none in USA.    My wife will return to USA very shortly.   I have existing federal tax debt of approx.  30k that I am resolving.   

 

Any recommendations for how to file? Joint or separate?  I have been supporting everyone for years.   They never had an ITIN number and this is the first time we can file as a family b/c they all now have SSN's.   We were legally married abroad in 2012, but I was filing as single b/c they did not have ITIN's.    We want to file as married now of course...  any recommendations?    I am NOT  a homeowner if it makes a difference/

Filing singles because they did not have ITIN was flawed.  You should have been filing as married since 2012 as you were not a single individual.

 

You can complete the return under both scenarios and choose the best result.  Most likely will be MFJ

 

Consider going back and amending your prior year returns as it may reduce your tax debt.  

[rfm 1]

4 minutes ago, payxibka said:

Filing singles because they did not have ITIN was flawed.  You should have been filing as married since 2012 as you were not a single individual.

 

You can complete the return under both scenarios and choose the best result.  Most likely will be MFJ

 

Consider going back and amending your prior year returns as it may reduce your tax debt.  

Yes, I am considering amending - however I am not sure it's possible if the family did not have ITIN's for the years eliigble for amendment.

[payxibka 10,047]

Just now, rfm said:

Yes, I am considering amending - however I am not sure it's possible if the family did not have ITIN's for the years eliigble for amendment.

Not an issue.  If they qualify as your spouse and dependents during those tax years, then they qualify. Amend if it is to your advantage (You can only amend back 3 years.  2015 closes for amendments on 4/15/18.  So get that year done ASAP

[rfm 1]

2 minutes ago, payxibka said:

Not an issue.  If they qualify as your spouse and dependents during those tax years, then they qualify. Amend if it is to your advantage (You can only amend back 3 years.  2015 closes for amendments on 4/15/18.  So get that year done ASAP

Thanks.   One more question.   Since my wife has not had any income and I have been her support... will our USA tax return require any financial documentation from her?   She is from Russia.  No income = no financial documents that I am aware of

[payxibka 10,047]

Just now, rfm said:

Thanks.   One more question.   Since my wife has not had any income and I have been her support... will our USA tax return require any financial documentation from her?   She is from Russia.  No income = no financial documents that I am aware of

No

[rfm 1]

25 minutes ago, payxibka said:

Filing singles because they did not have ITIN was flawed.  You should have been filing as married since 2012 as you were not a single individual.

 

You can complete the return under both scenarios and choose the best result.  Most likely will be MFJ

 

Consider going back and amending your prior year returns as it may reduce your tax debt.  

I had to file single because I was not able to obtain an ITIN for family members.  US Federal Tax return requires ITIN or SSN to file as married.  

[Crazy Cat 42,032]

3 minutes ago, rfm said:

I had to file single because I was not able to obtain an ITIN for family members.  US Federal Tax return requires ITIN or SSN to file as married.  

No,it does not require your spouse to have ITIN or SSN...  It is extremely simple:  If you were married, you can NOT file as single......

Edited April 1, 2018 by missileman

[payxibka 10,047]

 

4 minutes ago, rfm said:

I had to file single because I was not able to obtain an ITIN for family members.  US Federal Tax return requires ITIN or SSN to file as married.  

Incorrect.  You would have had to file MFS and inserted NRA (Non Resident Alien) in the place for your spouses SSN.  You would have been precluded from claiming the kids due to the lack of TIN

Edited April 1, 2018 by payxibka

[Crazy Cat 42,032]

IRS Publication 501, page 7.

https://www.irs.gov/pub/irs-pdf/p501.pdf

 

 

[payxibka 10,047]

9 minutes ago, missileman said:

IRS Publication 501, page 7.

https://www.irs.gov/pub/irs-pdf/p501.pdf

 

 

 

Just to add to the above so people don't think we make this stuff up.

 

[Crazy Cat 42,032]

Just now, payxibka said:

Just to add to the above so people don't think we make this stuff up.

 

Thanks.  I tried to paste it earlier, but I suddenly can not paste images to my posts.......I contacted the administrator....lol

[rfm 1]

44 minutes ago, missileman said:

No,it does not require your spouse to have ITIN or SSN...  It is extremely simple:  If you were married, you can NOT file as single......

Edited.  Thanks for citing a source

Edited April 1, 2018 by rfm

[Crazy Cat 42,032]

The reason I said it is extremely simple is because some people overthink the married vs single issue.  It is simple.....married can not file as single....I didn't say filing taxes is simple....however, that part is if you don't over think it......no offense intended.

 

I gave you the IRS publication and page number...

Edited April 1, 2018 by missileman

[Italian_in_NYC 259]

If you amend and your wife had no income you're likely to get some money back (which will be applied against your tax liability).