Should I file married jointly?

[Tokenfreak 223]

19 minutes ago, aaron2020 said:

The US tax system is self-reporting so that is how the IRS knows. 

 

You must convert to US dollars based on the rules stipulated in the US tax codes.

 

Not DIY if you are not familiar with international taxes.  Get a CPA.

My wife doesn't know how much she made nor does she know how to find out.  Regardless of what it was it wasn't much money at all.  She didn't bring any money with her whatsoever to the USA when she came and she doesn't have any bank accounts or any other money to her name.  The little she had left she gave to her money to help her out as they needed it.  So how do I go about reporting something we don't really know? Do we just guess or just don't report it?  Thanks.

[Nitas_man 3,100]

On 12/6/2018 at 8:09 AM, Nicole&Ilyess said:

My husband and I got married in October of this year, and we filed AOS last month. I know its going to take awhile for that, so am I able to file my taxes for 2018 as married filing jointly? Should I go in and change my status now with my HR department as married? Thank you

You can file MFJ

Prepare your taxes.  Declare his income and exclude it as foreign earned income.  Pick a category - bonafide resident of his home country (or) physical presence for the year ending 34 days after he arrived in the US.  The amount excluded is prorated for the percent of the 2018 tax year that he was out of country.

He probably arrived mid-year?  He can exclude about $50,000 of foreign earned income.

Your taxes?  Will go way down.  If you are owed a refund (fill it all out on turbotax or whatever you use) then no matter when you file there is no penalty.  The first year after my wife arrived she didn’t get a SS card until June or July and I didn’t file until she got her SS card.  No penalty, no consequences.

As to HR?  You can change your status anytime.  They’ll reduce your taxes and you’ll get a little boost when you do.

As to ITIN?  I wouldn’t get one. 

If you owe money after it’s all calculated?  File an extension and pay what the tax program says you owe but you won’t have to file your taxes until Oct 15.  That’s my advice.

Edited December 28, 2018 by Nitas_man

[D.Ba 85]

On 12/6/2018 at 7:15 AM, Khallaf said:

if your married now you filed married, its up to you to change things with your HR, if your W4 reflects married they take out less takes that is the only difference.

but since your husband is going to file taxes with you for the first time, and in my opinion you would want to file joint you get the added deduction, you will have to file by paper I think, not electronic since it is his first time filing taxes on his SSN.

There are no more personal deductions. Hello, tax reform.

 

Yes, no e-filing in the first year.

[Ksenia_O 696]

2 minutes ago, D.Ba said:

There are no more personal deductions. Hello, tax reform.

 

Yes, no e-filing in the first year.

You are mistaken

1. There IS a deduction, which almost doubled. But there is no personal exemption.

 2. If you have a SS# or ITIN, and it's not amended Return - there IS an e--filing, regardless if it's the first year or not.  There is even  a "First Time Filing Tax Return" box  to check in a lot of software in 1040 under 'General Information " part..

[D.Ba 85]

You are right, I meant exemption!

 

On the second count, I partially agree - I did have a SSN and it was not an amended return, but we still could NOT file electronically. The reason was not, however, that it was "the first year with your new number" (and my number was already 20 years old, anyway), but it was because of me having lived in the country only for part of the year, which would be the case for anyone who does not arrive on January 1. "First time filing tax return" is pretty pointless in this case since we are talking about filing jointly, and I doubt that it will be the USCs first tax filing ever (possible, but not all that likely). Anyway, I don't see why that should be a headache, just print and mail... If you managed the visa stuff, you will manage that...

[Ksenia_O 696]

13 minutes ago, D.Ba said:

You are right, I meant exemption!

 

On the second count, I partially agree - I did have a SSN and it was not an amended return, but we still could NOT file electronically. The reason was not, however, that it was "the first year with your new number" (and my number was already 20 years old, anyway), but it was because of me having lived in the country only for part of the year, which would be the case for anyone who does not arrive on January 1. "First time filing tax return" is pretty pointless in this case since we are talking about filing jointly, and I doubt that it will be the USCs first tax filing ever (possible, but not all that likely). Anyway, I don't see why that should be a headache, just print and mail... If you managed the visa stuff, you will manage that...

I moved in the country in 2014, in March - filed my first return ever, in 2014 , electronically. No issues. At all.

The same  with my son (as with many others) -  moved in to the US in June of 2014, first Tax Return for Tax year 2014, as a SINGLE,   filed electronically, although being in the country only for part of the year.

 

I work for Bookkeeping, Payroll and Tax Services company.  And we deal with all kind of filers every Tax Season. Including immigrants as well.  Being in the country only for a part of the year doesn't prevent you from filing your Return electronically. 

 

 

Edited January 16, 2019 by Ksenia_O

[D.Ba 85]

Your son filed single, so that is not relevant to the discussion of Married filing Jointly (where the whole question of electing to treat your spouse who is technically a non-resident alien because of less than 6 months in the country  as a resident for tax purposes comes into the melée  - NOT you, because you weren't, but me).

 

If you want to tell us our real-person certified tax preparer is unqualified because he did not manage to file electronically, maybe...

I think the difference might actually be that you passed the "residence test" anyway, and in my case we just elected to treat me as such. Or we had a totally different complication.

 

Why I continue this discussion: For all to see that all our cases are highly individual, and nuances can make a difference.

[Ksenia_O 696]

58 minutes ago, D.Ba said:

Your son filed single, so that is not relevant to the discussion of Married filing Jointly (where the whole question of electing to treat your spouse who is technically a non-resident alien because of less than 6 months in the country  as a resident for tax purposes comes into the melée  - NOT you, because you weren't, but me).

 

If you want to tell us our real-person certified tax preparer is unqualified because he did not manage to file electronically, maybe...

I think the difference might actually be that you passed the "residence test" anyway, and in my case we just elected to treat me as such. Or we had a totally different complication.

 

Why I continue this discussion: For all to see that all our cases are highly individual, and nuances can make a difference.

My return was Joint. Son's was just as an example that e-filing doesn't depend on your Filing status and it has nothing to do with how long you've been in the country and what election (non-resident/resident) has been made. 

 

Not sure why your certified buddy didn't handle electronical filing for your Tax Return. Ask him. 

 

Returns, not eligible for  e-file, are listed in IRS Pubs and website. And the  income tax returns with non-alien spouses are not even there. 

https://www.irs.gov/e-file-providers/returns-filed-using-irs-e-file
 

 

[Lil bear 4,201]

4 minutes ago, Ksenia_O said:

My return was Joint. Son's was just as an example that e-filing doesn't depend on your Filing status and it has nothing to do with how long you've been in the country and what election (non-resident/resident) has been made. 

 

Not sure why your certified buddy didn't handle electronical filing for your Tax Return. Ask him. 

 

Returns, not eligible for  e-file, are listed in IRS Pubs and website. And the  income tax returns with non-alien spouses are not even there. 

https://www.irs.gov/e-file-providers/returns-filed-using-irs-e-file
 

 

Not all specific situations which mean someone cannot refile are listed in your link above. The more uncommon reasons are covered by the final dot point...

 

The IRS cannot electronically process tax returns with rare or unusual processing conditions or that exceed the specifications for returns allowable in IRS e-file. These conditions change from year to year. The software should alert Providers to these conditions when they occur. If Providers transmit electronic return data with one of these conditions to the IRS, it rejects and the taxpayer may have to file the tax return on paper. The software package documentation or the software’s support program should provide information that is more specific.

 

For example, married couple arriving on immigrant visa during the year will often need to be considered by the IRS as Dual Status filing, and cannot file as MFJ nor can they e-file.

 

This situation is uncommon if considering the percentages of the tax filing population, but not rare. 

[Ksenia_O 696]

6 minutes ago, Lil bear said:

Not all specific situations which mean someone cannot refile are listed in your link above. The more uncommon reasons are covered by the final dot point...

 

The IRS cannot electronically process tax returns with rare or unusual processing conditions or that exceed the specifications for returns allowable in IRS e-file. These conditions change from year to year. The software should alert Providers to these conditions when they occur. If Providers transmit electronic return data with one of these conditions to the IRS, it rejects and the taxpayer may have to file the tax return on paper. The software package documentation or the software’s support program should provide information that is more specific.

 

For example, married couple arriving on immigrant visa during the year will often need to be considered by the IRS as Dual Status filing, and cannot file as MFJ nor can they e-file.

 

This situation is uncommon if considering the percentages of the tax filing population, but not rare. 

OP's situation is not that "uncommon" - a US citizen and  the Op's non-resident spouse.  Well, guessing about non-resident spouse since there is obviously no green card, yet, and not sure if substantial presence test has been met. 

 

Besides, if you read the thread, my point, originally, was about First time Filing - that it doesn't mean an individual's Tax Return can't be e-filed. First/second, etc...  - it does not matter.

There are certain circumstances when a Return can't be e-filed, but it's not because of the First time filing.

[Lil bear 4,201]

5 minutes ago, Ksenia_O said:

OP's situation is not that "uncommon" - a US citizen and  the Op's non-resident spouse.  Well, guessing about non-resident spouse since there is obviously no green card, yet, and not sure if substantial presence test has been met. 

 

Besides, if you read the thread, my point, originally, was about First time Filing - that it doesn't mean an individual's Tax Return can't be e-filed. First/second, etc...  - it does not matter.

There are certain circumstances when a Return can't be e-filed, but it's not because of the First time filing.

I am not debating the first time filer information at all. I was responding to what I read as a generalisation that , if the specific reason wasn’t stated in the IRS section, then e-filing  was possible. This is not the case. 

[Ksenia_O 696]

3 minutes ago, Lil bear said:

I am not debating the first time filer information at all. I was responding to what I read as a generalisation that , if the specific reason wasn’t stated in the IRS section, then e-filing  was possible. This is not the case. 

Not debating either.

E-filing with a non-resident spouse IS possible. If there is a SS# or ITIN.  Software lets you make the election - MFS with nonresident alien spouse (full year/part year) or MFS. Or even nonresident Taxpayer - full year/part year.

And it usually gets processed by IRS without rejection.

[Lil bear 4,201]

1 minute ago, Ksenia_O said:

Not debating either.

E-filing with a non-resident spouse IS possible. If there is a SS# or ITIN.  Software lets you make the election - MFS with nonresident alien spouse (full year/part year) or MFS. Or even nonresident Taxpayer - full year/part year.

And it usually gets processed by IRS without rejection.

Yep agreed. Just making the point that there are reasons why e filing is not possible that are not specifically  listed in the IRS link