Any tax experts on marrying to a non USC

[Nitas_man 3,100]

6 hours ago, Umka36 said:

If you do go the ITIN route, be sure to get it merged with your SSN.

 

What do I do when I am assigned a social security number (SSN)?

 

Once you receive a SSN, you must use that number for tax purposes and discontinue using your ITIN.  It is improper to use both the ITIN and the SSN assigned to the same person to file tax returns.  It is your responsibility to notify the IRS so we can combine all of your tax records under one identification number.  If you do not notify the IRS when you are assigned a SSN, you may not receive credit for all wages paid and taxes withheld which could reduce the amount of any refund due.  You can visit a local IRS office or write a letter explaining that you have now been assigned a SSN and want your tax records combined.  Include your complete name, mailing address, and ITIN along with a copy of your social security card and a copy of the CP 565, Notice of ITIN Assignment, if available.  The IRS will void the ITIN and associate all prior tax information filed under the ITIN with the SSN.  Send your letter to: 

 

     Internal Revenue Service 
     Austin, TX 73301-0057 

 

https://www.irs.gov/individuals/additional-itin-information

This can get farbed up.  I usually advise to wait until a SS# is available

[Nitas_man 3,100]

7 hours ago, ms_bobdog said:

My USC husband and I were married in June 2017. For 2017 tax year, he filed as Married Filing Separately. I didn't have ITIN nor SSN so he had to paper file. No big deal about that. When I came in CR-1 visa in July 2018, we amended his tax return to include my SSN and claim spousal exemption and got an extra refund. We chose not to amend to Married Filing Jointly because I calculated that it is not worth the hassle to elect to be taxed as a US resident and apply the foreign earned income exclusion since the difference is very marginal. 

 

 

2018 tax "reform" means there is no more spousal exemption. 

 

As to what you did I'm pretty sure that your taxes for last year are pretty messed up.  When there WAS a spouse exemption (last year):

 

According to Pub. 17, "If you file a separate return, you can claim the exemption for your spouse only if your spouse had no gross income, is not filing a return, and was not the dependent of another taxpayer."

If your spouse truly had no income, go ahead. If "they" worked under the table or had other income "they" choose not to report, stay clear and do not claim the exemption.

 

The rest of you don't do this!

Edited January 5, 2019 by Nitas_man

[ms_bobdog 501]

14 hours ago, Nitas_man said:

2018 tax "reform" means there is no more spousal exemption. 

 

As to what you did I'm pretty sure that your taxes for last year are pretty messed up.  When there WAS a spouse exemption (last year):

 

According to Pub. 17, "If you file a separate return, you can claim the exemption for your spouse only if your spouse had no gross income, is not filing a return, and was not the dependent of another taxpayer."

If your spouse truly had no income, go ahead. If "they" worked under the table or had other income "they" choose not to report, stay clear and do not claim the exemption.

 

The rest of you don't do this!

It is also stated: 

You can claim an exemption for your spouse even if he or she is a nonresident alien. In that case, your spouse:

• Must have no gross income for U.S. tax purposes,

• Must not be filing a return, and

• Must not be the dependent of another taxpayer.

Thank you for highlighting what you did though  

[Nitas_man 3,100]

1 hour ago, ms_bobdog said:

It is also stated: 

You can claim an exemption for your spouse even if he or she is a nonresident alien. In that case, your spouse:

• Must have no gross income for U.S. tax purposes,

• Must not be filing a return, and

• Must not be the dependent of another taxpayer.

Thank you for highlighting what you did though  

No gross income means no gross income, foreign or otherwise.  We’ve been reporting foreign earned income for 9 years though and even I didn’ “calculate my own taxes” at first.  PWC did.  Good luck.

Edited January 5, 2019 by Nitas_man

[Karim2018 100]

I stated in my original post that my wife did NOT work in 2018 at all. So gross or adjusted income she has ZERO to claim and yes, she's not filing taxes anywhere AND non one else (except me, if I can) will claim her on their taxes.

[Nitas_man 3,100]

On 1/5/2019 at 2:20 PM, Karim2018 said:

I stated in my original post that my wife did NOT work in 2018 at all. So gross or adjusted income she has ZERO to claim and yes, she's not filing taxes anywhere AND non one else (except me, if I can) will claim her on their taxes.

I was not referring to you earlier.  my thoughts to you on page 1 stands.  Good luck

[Bengoj 133]

On 1/4/2019 at 7:55 PM, NovaSprings said:

Apply for an ITIN number and then file, married filing separate.  Provide this as your transcript when you interview

 

Hello, what do you need to get the ITIn?  My husband is not in US. What would they need from him or me? I’m trying to file married filing separately.