file married jointly with foreign spouse

[John & Rose 7,239]

5 minutes ago, Pengunista said:

And for someone who is here in the US and doesn’t have SSN and waiting for EAD/AP I can apply for ITIN also right? I didn’t want to take a chance and wait for my EAD/AP last minute. And how long does it take from the time someone file for ITIN to getting one?

If you already applied for SSN you will be denied an ITIN.  In that case you will have to wait for the SSN.

[Ksenia_O 696]

11 minutes ago, payxibka said:

Please...  You know there are exceptions to everything

 

Why would they file HOH if MFJ gives them larger deduction?

 

Besides, the above doesn't apply to the situation.

 

https://www.irs.gov/publications/p501#en_US_2018_publink1000220815

Head of Household

You may be able to file as head of household if you meet all the following requirements.

1. You are unmarried or considered unmarried on the last day of the year. See Marital Status , earlier, andConsidered Unmarried , later.

2. You paid more than half the cost of keeping up a home for the year.

3. A qualifying person lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the qualifying person is your dependent parent, he or she doesn't have to live with you. See Special rule for parent , later, under Qualifying Person.

 

[Pengunista 221]

@John & RoseI applied SSN thru EAD, so I can’t apply for ITIN? 

[John & Rose 7,239]

23 minutes ago, Pengunista said:

@John & RoseI applied SSN thru EAD, so I can’t apply for ITIN? 

That is what I have been told.  They will not issue an ITIN if you already have an SSN application being processed.  I have no personal experience with this but that is what I was told when I did my research.

[Meisha&Jake 869]

2 hours ago, adil-rafa said:

since it it tax time and the only time you can get ITIN (individual taxpayer ID number) to claim your "out of the US spouse", i am covering the subject again

follow the IRS site to do this

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

there is no reason to file single and you are not single

do not loose the advantage of lower taxes due when married

 

also to all filing out the forms at NVC (CR1/IR1)  level check mark the box for immigration to apply for the SS #,

so much easier if you do this

Thank you so much for the info!

 

Me & my husband have been discussing filing his taxes for 2018 because he got to a certain point & the form needs my SSN (11 weeks since i applied for SSN & multiple calls to SSA with no further progress; a nightmare) so we was wondering how does he go about filing his taxes for 2018 with my details as his spouse if i have no SSN still..

 

I will show him this post, thanks again

[carmel34 3,633]

No more dependent exemptions as in past years.  According to TurboTax:

 

The new tax law is the largest piece of tax reform legislation in 30 years and was signed into law on December 22, 2017. For most people, these tax changes impact tax year 2018 (the taxes you file in 2019) and not tax year 2017 returns. Overall, the changes associated with the new tax law may lower taxes for individuals and small businesses.

Some of the highlights for taxpayers include:

• Lower individual tax rates
• Increased standard deduction
• Increased child tax credit
• Elimination of dependent and personal exemptions
• Elimination of some itemized deductions
• $10,000 cap on the deduction for state income taxes, sales, and local taxes, and property taxes combined
• 20% deduction for “pass-through” entities (sole proprietorship, partnership, S corp.)
• Increased expense limits for capital assets

So just what will these changes mean for your 2018 tax refund? Here is a break down based on your individual tax situation.

A Family with Kids

Although there was an elimination of the dependent exemption deduction beginning for tax year 2018, families with kids may see a bigger tax refund next year since the child tax credit doubled and went from $1,000 to $2,000. In addition, the amount that is refundable grows from $1,100 to $1,400. The law also adds a new, non-refundable credit of $500 for dependents other than children. Finally, it raises the income threshold at which these benefits phase out from $110,000 for a married couple to $400,000. Tax credits are a direct reduction from the taxes you owe so they mean more than a deduction that reduces taxable income.

Claims the Standard Deduction

If you normally claim the standard deduction you may see less tax liability in 2018 since the new tax law nearly doubles the standard deduction amount. Single taxpayers will see their standard deductions jump from $6,350 for 2017 taxes to $12,000 for 2018 taxes (the ones you file in 2019). Married couples filing jointly will see an increase from $12,700 to $24,000. These increases mean that fewer people will itemize. Today, roughly 30% of taxpayers itemize. Under the new law, this percentage is expected to decrease.

[Jeanne Adil 1,651]

3 hours ago, Palala2018 said:

I have a question.....it says the stand alone document is a passport. My husband is overseas with interview coming in a few weeks. All i have is a copy of his passport. I assumed this was not sufficient. Is that correct?

*A passport is the only document that proves both identity and foreign status.  For dependents, the passport must have a date of entry to be a stand-alone document, unless the dependent is from Canada, Mexico, or Military Overseas. If a passport is submitted, a combination of two or more documents must be submitted to meet the document requirements.

 

It, however,  does not prove you are married so the marriage certificate is needed when filing

[geowrian 22,337]

3 hours ago, Ksenia_O said:

Why would they file HOH if MFJ gives them larger deduction?

Depends on the specific circumstances. Also, HOH doesn't require an SSN or ITIN for the NRA.

I agree MFJ is almost always the best option in terms of tax liability, though.

 

Quote

 

Besides, the above doesn't apply to the situation.

 

https://www.irs.gov/publications/p501#en_US_2018_publink1000220815

Head of Household

You may be able to file as head of household if you meet all the following requirements.

1. You are unmarried or considered unmarried on the last day of the year. See Marital Status , earlier, andConsidered Unmarried , later.

2. You paid more than half the cost of keeping up a home for the year.

3. A qualifying person lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the qualifying person is your dependent parent, he or she doesn't have to live with you. See Special rule for parent , later, under Qualifying Person.

Which one doesn't apply in general?

#1 is possible via the "considered unmarried" provision for an NR spouse (as noted previously).

#2 may or may not apply depending on the individual's specific circumstances.

#3 may or may not apply depending on if their is a qualifying person in the home.

Edited January 18, 2019 by geowrian

[Ksenia_O 696]

5 minutes ago, geowrian said:

Depends on the specific circumstances. Also, HOH doesn't require an SSN or ITIN for the NRA.

I agree MFJ is almost always the best option in terms of tax liability, though.

 

Which one doesn't apply in general?

#1 is possible via the "considered unmarried" for an NR spouse (as noted previously).

#2 may or may not apply depending on the individual's specific circumstances.

#3 may or may not apply depending on if their is a qualifying person in the home.

I was answering to Paul & Mallory, originally. You can see her question on p.1 of the thread.

Doesn't apply to their situation.

There is no qualified dependent

They are married and live together since May of 2018.

 

 

Edited January 18, 2019 by Ksenia_O

[EandH0904 1,184]

3 hours ago, Pengunista said:

And how long does it take from the time someone file for ITIN to getting one?

It took us 3 weeks to get an ITIN and then 3 weeks to get a refund filed in March last year. The overseas spouse has to sign joint return. Our rebate check was also made out to myname AND hisname so my bank wouldn't cash it without his signature. Some told me to just deposit it at ATM lol but I waited until I visited him again and had him sign it 

[Palala2018 28]

1 hour ago, adil-rafa said:

*A passport is the only document that proves both identity and foreign status.  For dependents, the passport must have a date of entry to be a stand-alone document, unless the dependent is from Canada, Mexico, or Military Overseas. If a passport is submitted, a combination of two or more documents must be submitted to meet the document requirements.

 

It, however,  does not prove you are married so the marriage certificate is needed when filing

Correct

i meant for identity and foreign ties/citizenship purposes

[Karim2018 100]

6 hours ago, payxibka said:

 

 

First-time ITIN applications. If you’re applying for a new ITIN, complete and attach Form W-7 to your tax return when you file the tax return for which the ITIN is needed

...And file it WHERE? IRS is closed! Try calling any IRS office and you'll get "we're close....." message LOL.

[payxibka 10,045]

1 minute ago, Karim2018 said:

...And file it WHERE? IRS is closed! Try calling any IRS office and you'll get "we're close....." message LOL.

Instructions to the w7 are available on the irs website with the mailing address where to send listed. Hahahaha 

[Karim2018 100]

1 minute ago, payxibka said:

Instructions to the w7 are available on the irs website with the mailing address where to send listed. Hahahaha 

My friend..."They're Closed! You can mail it, call it in, or even hand deliver it (slide it under the door LOL).. It's the same outcome: No one is there to process it or even look at it. In other words we're screwed til our GOV opens again

[payxibka 10,045]

1 minute ago, Karim2018 said:

My friend..."They're Closed! You can mail it, call it in, or even hand deliver it (slide it under the door LOL).. It's the same outcome: No one is there to process it or even look at it. In other words we're screwed til our GOV opens again

Nonsense the IRS is open to process returns.   The e-file season starts  in less than 10 days as recently announced by the alleged closed irs