November 2018 AOS Filers

[Derlon 121]

I'm one of those people who applied for a SSN right after getting married (within less than a month of arriving in the US) and my SSN request actually got denied. By the time I got the denial I was already in the US for 90 days. 😑

 

Still pisses me off to this day lol.

[JMCKNG 156]

8 minutes ago, K1visaHopeful said:

Yes if you want to file married filing jointly you will have to send in an application for an ITIN with your paper filed tax return (you cannot e-file) if you do not have an SSN (see why applying for an SSN within 14 days of arrival is important?). You will also need to make a election to be considered a resident alien for the entire tax year to report your world wide income which you then can exempt if under $103900 on a 2555EZ.

Finally I can take a breath of relief! Went to the Accountant last night and at first he was hesitant and wanted to proceed with me doing MFS and claiming head of household but I was adamant on the MFJ and brought the documents that the IRS have in reference to how one would go about it. He agreed to proceed with MFJ and I'm VERY HAPPY with the results! We had my husbands forms for his income the past months he lived in Spain and the Accountant used some type of multiplier in order to see how much of his foreign income that we could exempt within that 2555EZ. So, he said to wait until I get the refund paid out. Then, I will go to his office in which he will fill out the 2555EZ, 1040X, along with my letter to the IRS of how I want my husband to be treated for this tax year in which we mail in and everything should be good to go. Good luck!

[K1visaHopeful 2,878]

3 minutes ago, Derlon said:

I'm one of those people who applied for a SSN right after getting married (within less than a month of arriving in the US) and my SSN request actually got denied. By the time I got the denial I was already in the US for 90 days. 😑

 

Still pisses me off to this day lol.

I got you. And I barely got mine too.

I just posted that for other K1s who may be reading this preemptively so they know the repercussions of not having an SSN yet come tax time.

[K1visaHopeful 2,878]

2 minutes ago, JMCKNG said:

Finally I can take a breath of relief! Went to the Accountant last night and at first he was hesitant and wanted to proceed with me doing MFS and claiming head of household but I was adamant on the MFJ and brought the documents that the IRS have in reference to how one would go about it. He agreed to proceed with MFJ and I'm VERY HAPPY with the results! We had my husbands forms for his income the past months he lived in Spain and the Accountant used some type of multiplier in order to see how much of his foreign income that we could exempt within that 2555EZ. So, he said to wait until I get the refund paid out. Then, I will go to his office in which he will fill out the 2555EZ, 1040X, along with my letter to the IRS of how I want my husband to be treated for this tax year in which we mail in and everything should be good to go. Good luck!

You could submit everything at once but I too was only able to overstep our tax advisor's toes because he is a family friend (my husband's best friend). Sounds like he will make an amendment to your tax filing once you receive a refund. Not sure if that will work but as long as your husband's income was less than $103900 you should be fine and it wont reduce your refund or force you to pay some of it back.

[RambaCat 643]

5 minutes ago, JMCKNG said:

Finally I can take a breath of relief! Went to the Accountant last night and at first he was hesitant and wanted to proceed with me doing MFS and claiming head of household but I was adamant on the MFJ and brought the documents that the IRS have in reference to how one would go about it. He agreed to proceed with MFJ and I'm VERY HAPPY with the results! We had my husbands forms for his income the past months he lived in Spain and the Accountant used some type of multiplier in order to see how much of his foreign income that we could exempt within that 2555EZ. So, he said to wait until I get the refund paid out. Then, I will go to his office in which he will fill out the 2555EZ, 1040X, along with my letter to the IRS of how I want my husband to be treated for this tax year in which we mail in and everything should be good to go. Good luck!

Okay so you're filing jointly but NOT including in the foreign income until after you've gotten your tax refund, and then amending your taxes? Just clarifying because while mine knew how to do the ITIN, she was adamant that we don't need to file foreign income because I haven't been here long enough and I'm like "Um...I don't think that's right"

 

[JMCKNG 156]

Just now, K1visaHopeful said:

You could submit everything at once but I too was only able to overstep our tax advisor's toes because he is a family friend (my husband's best friend). Sounds like he will make an amendment to your tax filing once you receive a refund. Not sure if that will work but as long as your husband's income was less than $103900 you should be fine and it wont reduce your refund or force you to pay some of it back.

Exactly what he will be doing. Ammending the return with the 1040X form referencing the 255EZ. As well, the IRS instructions online referenced that workaround will be sufficient for the MFJ filers. So I'm okay with it, and yes his income was under that amount. 

[JMCKNG 156]

1 minute ago, RambaCat said:

Okay so you're filing jointly but NOT including in the foreign income until after you've gotten your tax refund, and then amending your taxes? Just clarifying because while mine knew how to do the ITIN, she was adamant that we don't need to file foreign income because I haven't been here long enough and I'm like "Um...I don't think that's right"

 

Yeah definitely not right, here's what I printed and brought into my Accountant for him to know what to do: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse There it says that all world wide income must be referenced if MFJ, but that the income can be exempted on an amendment with the 1040X. So, an extra step but I'm okay with that. I will be included my letter as well within that amendment of how I want my husband to be considered for tax purposes.

[K1visaHopeful 2,878]

6 minutes ago, RambaCat said:

Okay so you're filing jointly but NOT including in the foreign income until after you've gotten your tax refund, and then amending your taxes? Just clarifying because while mine knew how to do the ITIN, she was adamant that we don't need to file foreign income because I haven't been here long enough and I'm like "Um...I don't think that's right"

 

If you want to file MFJ, you must elect to declare the intending immigrant as a Resident Alien for the entire tax year. Upon making that election you must report all world wide income on a 2555EZ. It doesn't matter if you have enough presence. You have to be considered an RA for the entire tax year to be able to file MFJ so that superceded any issues of presence.

Edited March 14, 2019 by K1visaHopeful

[RambaCat 643]

Just now, K1visaHopeful said:

If you want to file MFJ, you must elect to declare the intending immigrant as a Resident Alien for the entire tax year. Upon making that election you must report all world wide income on a 2555EZ. It doesn't matter if you have enough presence. You have to be considered an RA for the entire tax year to be able to file MFJ so that superceded and issues of presence.

I know that, but the person doing our taxes wouldn't listen to me. 😕 

[K1visaHopeful 2,878]

**the issue of presence is a consideration for those who are not residing in the US and who still may owe taxes on world wide income based on their presence in the US.

[JMCKNG 156]

Just now, RambaCat said:

I know that, but the person doing our taxes wouldn't listen to me. 😕 

Seriously some of these Accountants I came across are clueless or just extra conservative and don't know what to do.. the ones you find that will do it and listen to you are few and far between just because it isn't something they might have seen ever or just in general not that common. Stand your ground, print off those instructions and give it to them. My guy literally commented "you know more about this than I do then" and it is true!! With all the research us VJ users do, we are programmed to find every loop hole and exception haha 😎

[K1visaHopeful 2,878]

2 minutes ago, RambaCat said:

I know that, but the person doing our taxes wouldn't listen to me. 😕 

Sorry to say but you may need to get a new advisor who deals with immigrant taxes.

[RambaCat 643]

29 minutes ago, K1visaHopeful said:

Sorry to say but you may need to get a new advisor who deals with immigrant taxes.

Yeah  I wish I knew what information is supposed to go where on the 1040; I can do the rest of it myself!

 

[S_And_J 7]

Honestly, I think it's worth it to check out TurboTax. You will have to pay a little money to get the deluxe version which allows you to file the form to exclude income - but it's all relatively simple. Unless you have extremely complex financial ownership, trusts, etc, of which I would then recommend going to a Tax professional. Otherwise, if your international spouse has income from regular employment, TurboTax should be sufficient.

 

P.S don't forget that you have to file paper form and attach a statement electing to be treated as a U.S Resident for Tax Purposes for the whole of the financial year if you want to file MFJ.

[K1visaHopeful 2,878]

3 minutes ago, RambaCat said:

Yeah  I wish I knew what information is supposed to go where on the 1040; I can do the rest of it myself!

 

Ditto. Maybe next year I can convince him I can do it myself. I'll take the $190 we paid myself and head straight to Hobby Lobby.