Does anyone has knowledge about filling Taxes return?

[Weston 4]

Dear VJ,

 

Does anyone has knowledge about filling Taxes return?

 

If my spouse fill his taxes return as married filling jointly, do I have to report my income from another country, as I am non-resident of U.S. ? Or only report any income I’ve received in U.S. , if I have?

 

As I learn it from somewhere else, we can fill the status like married filling separately, then I do not have to report my income from another country. 

 

But, we done our 2017 taxes return as Married Filling Jointly already. I am concerning that is there any impacts in the future, as I will have my CR1 interview next month? If yes, how to avoid it?

 

Thank you for your time. 

Have a good day.

 

[EandH0904 1,184]

Do you have a SSN or did you get an ITIN to file jointly for 2017?

[JoJoJoJo 170]

5 minutes ago, Weston said:

Dear VJ,

 

Does anyone has knowledge about filling Taxes return?

 

If my spouse fill his taxes return as married filling jointly, do I have to report my income from another country, as I am non-resident of U.S. ? Or only report any income I’ve received in U.S. , if I have?

 

As I learn it from somewhere else, we can fill the status like married filling separately, then I do not have to report my income from another country. 

 

But, we done our 2017 taxes return as Married Filling Jointly already. I am concerning that is there any impacts in the future, as I will have my CR1 interview next month? If yes, how to avoid it?

 

Thank you for your time. 

Have a good day.

 

I am not a lawyer, but did quite some research. Just to share my understanding, but don't quote me on this...

 

If you two file married jointly, regardless of whether you are non-resident alien, you are treated as resident alien for the whole tax year, and you do have to report your worldwide income, e.g., salary, interest, dividends, pension income, capital gain, PFICs, (e.g., foreign mutual funds (Form 8621)), as well as any foreign trusts, (e.g., foreign retirement accounts) and any received gifts (>$100,000) (Form 3520 and possibly Form 3520A). Also, you may have to file FinCEN 114 and may have to file FATCA form 8938. Carefully read all the instructions to determine whether you meet the thresholds of the filing requirements because the penalties for non-compliance are severe. If there is a tax treaty between US and your foreign country, you can apply related articles to avoid any double-taxation.

 

I think you can choose married filing separately, (it is a matter of how you can receive more tax return and not about whether your marriage is real), and if you are a non-resident alien, then you only need to report US income.

 

Also, tax treaties between US and a foreign country probably does not apply at state level.

Also, I think you could choose married filing jointly for IRS and married filing separately for your state. Also, have a look how your state determine whether one is a resident or not.

 

 

 

[JoJoJoJo 170]

16 minutes ago, JoJoJoJo said:

I am not a lawyer, but did quite some research. Just to share my understanding, but don't quote me on this...

 

If you two file married jointly, regardless of whether you are non-resident alien, you are treated as resident alien for the whole tax year, and you do have to report your worldwide income, e.g., salary, interest, dividends, pension income, capital gain, PFICs, (e.g., foreign mutual funds (Form 8621)), as well as any foreign trusts, (e.g., foreign retirement accounts) and any received gifts (>$100,000) (Form 3520 and possibly Form 3520A). Also, you may have to file FinCEN 114 and may have to file FATCA form 8938. Carefully read all the instructions to determine whether you meet the thresholds of the filing requirements because the penalties for non-compliance are severe. If there is a tax treaty between US and your foreign country, you can apply related articles to avoid any double-taxation.

 

I think you can choose married filing separately, (it is a matter of how you can receive more tax return and not about whether your marriage is real), and if you are a non-resident alien, then you only need to report US income.

 

Also, tax treaties between US and a foreign country probably does not apply at state level.

Also, I think you could choose married filing jointly for IRS and married filing separately for your state. Also, have a look how your state determine whether one is a resident or not.

 

 

 

BTW, I would file 1040X if you did not include your worldwide income for 2017 ASAP if I were you.

 

If you were delinquent in filing Forms 3520, FinCEN 114 or any other informational forms for 2017, I would consult with a tax professional who is familiar with international tax affairs...

 

Good luck

[Weston 4]

5 minutes ago, JoJoJoJo said:

BTW, I would file 1040X if you did not include your worldwide income for 2017 ASAP if I were you.

 

If you were delinquent in filing Forms 3520, FinCEN 114 or any other informational forms for 2017, I would consult with a tax professional who is familiar with international tax affairs...

 

Good luck

Thank you JoJoJoJo for your advice. Actually, I am looking for a tax professional, but do not receive their response yet.  

 

 

[Weston 4]

4 hours ago, EandH0904 said:

Do you have a SSN or did you get an ITIN to file jointly for 2017?

I had a non valid for work SSN. For 2017, we only provided my SSN and for my occupation is student.  Because i didn't make any income in the USA, we thought that i do not have to mention my worldwide income.

[Gitana 11]

If you file as married filing jointly you will have to show you worlwide income.  But if it's less than 12 k then there is nothing to worry about since MFJ will give additional 12 k to deduct

 Also if you lived out of USA for 330 days you can claim foreign income exclusion up to 101k

Edited March 27, 2019 by Gitana