Turbo Tax not letting me file separately (split topic)

[UnitedStatesGuy 0]

13 minutes ago, geowrian said:

Yes, you can elect to be treated as an RA for the entire tax year as the NRA spouse of a USC. Then you can file as MFJ fine.

 

However, there are 2 issues:

1) Worldwide income must be reported. This can then be mostly to fully excluded via the FEIE and/or FTC.

2) She must have an SSN or ITIN. You cannot write in "NRA" instead. She is not an NRA if you elect to be treated as an RA. She would need to obtain an ITIN, OR wait until she has an SSN (via an EAD), OR you can file MFS now and amend taxes later.

Got it. Now if I am not mistaken, #2 is taken care of via ITIN/W7 being attached to the return...

My head is spinning a bit to be honest. I am trying to file jointly on turbotax, but nowhere does it ask for global income or anything like that. It asks for either W2 or 1099 for my wife, neither of which she has (because the small amount of income she had in 2018 was outside the US). 

[geowrian 22,337]

5 minutes ago, UnitedStatesGuy said:

Got it. Now if I am not mistaken, #2 is taken care of via ITIN/W7 being attached to the return...

Generally, yes.

 

5 minutes ago, UnitedStatesGuy said:

My head is spinning a bit to be honest. I am trying to file jointly on turbotax, but nowhere does it ask for global income or anything like that. It asks for either W2 or 1099 for my wife, neither of which she has (because the small amount of income she had in 2018 was outside the US). 

I'm certain TurboTax does permit this as all USCs and LPRs are required to report worldwide income anyway. It's just not one of the "normal" forms of income that applies to most people, so it's easy to overlook. They move it around every year, but it's usually listed under something like "Less Common Income".

[junkmart 320]

13 minutes ago, UnitedStatesGuy said:

Got it. Now if I am not mistaken, #2 is taken care of via ITIN/W7 being attached to the return...

My head is spinning a bit to be honest. I am trying to file jointly on turbotax, but nowhere does it ask for global income or anything like that. It asks for either W2 or 1099 for my wife, neither of which she has (because the small amount of income she had in 2018 was outside the US). 

I don't think you will be able to use the software. I filed a paper return. Below is what I included, in order:

W-7 ITIN Application

W-7 Certificate of Authenticity (I had a CAA verify the authenticity of my spouse's passport so that I wouldn't have to send the IRS his original passport)

Copy of RA's passport

1040

Schedule 3 Nonrefundable Credits

1116 Foreign Tax Credit

Lastly, To go along with the 1116, I made a supplement that shows how I converted by spouses income from Mexican peso to USD. The preferred way to convert is to use the conversion rate that was in effect on each pay day. My spouse was paid bi-weekly, so I had a lot of different conversion rates.

 

You'll note that I did not include an election statement to treat my spouse as a RA. That is because my spouse passed the substantial presence test, and was therefore already a RA.

 

Edited February 5, 2019 by junkmart

[UnitedStatesGuy 0]

5 minutes ago, junkmart said:

I don't think you will be able to use the software. I filed a paper return. Below is what I included, in order:

W-7 ITIN Application

W-7 Certificate of Authenticity (I had a CAA verify the authenticity of my spouse's passport so that I wouldn't have to send the IRS his original passport)

Copy of RA's passport

1040

Schedule 3 Nonrefundable Credits

1116 Foreign Tax Credit

Lastly, To go along with the 1116, I made a supplement that shows how I converted by spouses income from Mexican peso to USD. The preferred way to convert is to use the conversion rate that was in effect on each pay day. My spouse was paid bi-weekly, so I had a lot of different conversion rates.

 

You'll note that I did not include an election statement to treat my spouse as a RA. That is because my spouse passed the substantial presence test, and was therefore already a RA.

 

Thanks for the help! Who is CAA? I am trying to figure out how we would actually get a certified copy of her German passport. By definition, a certified copy is a copy certified by original issuer (German gov't), unless I am mistaken. 

As for the other forms you mention, are these things that I have to worry about? Or can I fill everything out on turbotax, and simply attach W7 & supporting docs?

[junkmart 320]

9 minutes ago, UnitedStatesGuy said:

Thanks for the help! Who is CAA? I am trying to figure out how we would actually get a certified copy of her German passport. By definition, a certified copy is a copy certified by original issuer (German gov't), unless I am mistaken. 

As for the other forms you mention, are these things that I have to worry about? Or can I fill everything out on turbotax, and simply attach W7 & supporting docs?

From W-7 Instructions:

Certifying Acceptance Agent (CAA). A Certifying Acceptance Agent (CAA) can verify original documentation and certified copies of the documentation from the issuing agency for primary and secondary applicants and their dependents.

 

In lieu of sending in the original or certified documention from original issuer, you can visit a CAA and have the documents verified. The CAA will give you a Certificate of Authenticity to include with the W-7. That way you hang on to your original or certified copy from original issuer.. This may not be important to you. It was to my spouse as he did not want to me in the US without his passport on his person.

Edited February 5, 2019 by junkmart

[geowrian 22,337]

To clarify, you can use tax software online. You just can't eFile and provide an election statement. You would still need to print and mail.

[UnitedStatesGuy 0]

 

 

7 hours ago, junkmart said:

From W-7 Instructions:

Certifying Acceptance Agent (CAA). A Certifying Acceptance Agent (CAA) can verify original documentation and certified copies of the documentation from the issuing agency for primary and secondary applicants and their dependents.

 

In lieu of sending in the original or certified documention from original issuer, you can visit a CAA and have the documents verified. The CAA will give you a Certificate of Authenticity to include with the W-7. That way you hang on to your original or certified copy from original issuer.. This may not be important to you. It was to my spouse as he did not want to me in the US without his passport on his person.

Are those other forms (1040, 1116, Schedule 3) something that I have to worry about? I am in no way a tax expert. I was going to download my completed TurboTax, and attach the W7 with the necessary supporting documents. 

[NikLR 13,227]

SSN doesn't expire.  Your wife has an SSN. This would make it much easier to file

[junkmart 320]

12 hours ago, UnitedStatesGuy said:

 

 

Are those other forms (1040, 1116, Schedule 3) something that I have to worry about? I am in no way a tax expert. I was going to download my completed TurboTax, and attach the W7 with the necessary supporting documents. 

Apparently not, if you are using software, and Geowrian has advised that you can use software, you just can't efile.

[Ryan H 3,812]

***First post and subsequent replies to it split from unrelated thread; please start your own thread with your own questions instead of hijacking threads started by other members.***

[Naes 12,205]

On 2/5/2019 at 7:46 AM, UnitedStatesGuy said:

It seems like filing jointly is much more complicated... Where did you read about the 999 thing? 

 

Lastly, if she had no income in the US in 2018, does she really need to file a separate return? 

 

Edit: She previously had an SSN from when she used to be an Opair (but it has since expired), would it make sense to just put that in? 

I don’t think ssn expire...it is a lifetime thing