How to file taxes for 2019

[Scandi 4,166]

Me (immigrant) and my now husband (USC) filed married jointly in 2017 (tax year 2016) even if I only moved here in October 2016 on a K-1 (married in November that same year) and obviously didn't have a greencard (or EAD for that matter) in time for taxes. I had a SSN.

Edited January 17, 2020 by Scandi

[Joyoussinger 1,425]

One caveat - If you get your health insurance through the marketplace, you are required to file jointly.  You agree to this when you submit your marketplace application.

[jeanieCZ 228]

I'm in a similar situation as OP: moved to the US in November 2019, I received my SSN this week. Haven't filed AOS yet. When will I need to do my taxes in the US? (I do expect to receive a Mxxx form from the Dutch tax office in spring 2020 to do my taxes about the income I had there until Nov 2019)

[Wuozopo 4,293]

1 hour ago, jeaniecz said:

I'm in a similar situation as OP: moved to the US in November 2019, I received my SSN this week. Haven't filed AOS yet. When will I need to do my taxes in the US? (I do expect to receive a Mxxx form from the Dutch tax office in spring 2020 to do my taxes about the income I had there until Nov 2019)

The US tax filing deadline is April 15. There are some minor variations in years where that date is on a weekend or for certain states with official state holidays on that date.

 

You do NOT have to file if you had no US income in calendar year 2019. You MAY file jointly with your spouse if it benefits your spouse to file a joint return over a Married Filing Separately return.

 

If you file, you DO report your Dutch income, but you do NOT have to submit documentation from the Dutch tax office (or any documentation) of your foreign income with your US tax return. 

 

 

 

 

Edited January 17, 2020 by Wuozopo

[EnglishLove 112]

8 hours ago, Scandi said:

Me (immigrant) and my now husband (USC) filed married jointly in 2017 (tax year 2016) even if I only moved here in October 2016 on a K-1 (married in November that same year) and obviously didn't have a greencard (or EAD for that matter) in time for taxes. I had a SSN.

Did you have to report your income that you made in that year before coming over? When I search about  FEIE, it just saying it applies to either a US citizen or a resident. As our AOS has not gone through yet, he's not considered a resident which is why I'm a little confused if I need to even report anything... it barely made anything since he was only working part time.

[Lebanese23 303]

15 minutes ago, Pooley said:

Did you have to report your income that you made in that year before coming over? When I search about  FEIE, it just saying it applies to either a US citizen or a resident. As our AOS has not gone through yet, he's not considered a resident which is why I'm a little confused if I need to even report anything... it barely made anything since he was only working part time.

when i filed last year, i asked my accountant about his past income and he said you dont need unless he was making alot of money, which he wasn't (barely making anything) so he said not to worry about it. we filed jointly.

 

my concern is this year, now that he's working i have no clue if i should file jointly or separately, everyone keeps saying try both to see which one works best for me. super confusing. I wish this tax filing is more simpler. so I am thinking to MFJ again this year

[EnglishLove 112]

3 minutes ago, Lebanese23 said:

when i filed last year, i asked my accountant about his past income and he said you dont need unless he was making alot of money, which he wasn't (barely making anything) so he said not to worry about it. we filed jointly.

 

my concern is this year, now that he's working i have no clue if i should file jointly or separately, everyone keeps saying try both to see which one works best for me. super confusing. I wish this tax filing is more simpler. so I am thinking to MFJ again this year

That's what I was thinking, he barely made anything so I should be good. I usually contact an accountant and ask what's the best way (either jointly or separately) but I know you can go back on Turbo tax and put in both ways to see which would be better. 

[geowrian 22,337]

To file jointly, both individuals must be considered US residents for the entire tax year, and therefore must report both worldwide incomes for the entire tax year.

The FEIE, if applicable, can then exclude any foreign income (up to around $100k).

 

See the 1040 instructions: https://www.irs.gov/pub/irs-pdf/i1040gi.pdf. Particularly, see pages 12 & 13 regarding filing statuses.

Somebody who becomes a a resident mid-year would be a dual status alien. They have the option to either only file separately based upon their income after coming to the US, or elect to be treated as a resident for the entire year (as the spouse of a USC) and therefore are eligible to file jointly.

Quote

Nonresident aliens and dual-status aliens.

Generally, a married couple can't file a joint return if either spouse is a nonresident alien at any time during the year. However, if you were a nonresident alien or a dual-status alien and were married to a U.S. citizen or resident alien at the end of 2019, you can elect to be treated as a resident alien and file a joint return. See Pub. 519 for details.

 

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

This is what allows the spouse to be treated as a resident for the entire year even if they are not even a current resident.

Quote

Election to File Joint Return

If you make this choice, the following rules apply:

• You and your spouse are treated, for federal income tax purposes, as U.S residents for all tax years that the choice is in effect. However, for Social Security and Medicare tax withholding purposes, the nonresident alien may still be treated as a nonresident alien. Refer to Aliens Employed in the U.S. – Social Security Taxes.
• You must file a joint income tax return for the year you make the choice (but you and your spouse can file joint or separate returns in later years).
• Each spouse must report his or her entire worldwide income for the year you make the choice and for all later years, unless the choice is ended or suspended.
• Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect. However, the exception to the saving clause of a tax treaty might allow a tax treaty benefit on certain specified income.

 

[Scandi 4,166]

1 hour ago, Pooley said:

Did you have to report your income that you made in that year before coming over? When I search about  FEIE, it just saying it applies to either a US citizen or a resident. As our AOS has not gone through yet, he's not considered a resident which is why I'm a little confused if I need to even report anything... it barely made anything since he was only working part time.

No idea if I was supposed to or not, but no I didn't report anything, only my USC husband reported his stuff like usual.

[Sweetdreaming 397]

1 hour ago, Lebanese23 said:

I wish this tax filing is more simpler. so I am thinking to MFJ again this year

right ! this makes K1 / AOS seem like a breeze ! its very confusing to new people, luckily they have the turbotax programs which seem to help a lot.

[usmsbow 801]

Yes, turbotax and the like usually will let you know if filing MFJ or MFS is better financially for you. 

 

On a related note, I'd like to mention "FreeTaxUSA". It's free (for fed taxes, costs $ for state income tax filing) and about as easy to use as TurboTax. I used it last year, and plan to do the same this year. 

[Wuozopo 4,293]

3 hours ago, Pooley said:

Did you have to report your income that you made in that year before coming over? When I search about  FEIE, it just saying it applies to either a US citizen or a resident. As our AOS has not gone through yet, he's not considered a resident which is why I'm a little confused if I need to even report anything... it barely made anything since he was only working part time.

@Pooley

 

He does not have to file and you can file Married Filing Separately. But if you want to pay less tax (bigger refund); then it will benefit you to add him to your filing and do  Married Filing Jointly. If you add him, you must report his small income. It can be excluded from being taxed.

Reported-YES.. Charged tax on what he reports-NO.
 

Nonresident Spouse Treated as a Resident

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. 

Nonresident aliens and dual-status aliens.
Generally, a married couple can't file a joint return if either spouse is a nonresident alien at any time during the year. However, if you were a nonresident alien or a dual-status alien and were married to a U.S. citizen or resident alien at the end of 2019, you can elect to be treated as a resident alien and file a joint return. See Pub. 519 for details. You are both taxed on worldwide income. 

[jeanieCZ 228]

I found this https://www.irs.gov/pub/irs-pdf/p519.pdf quite helpful. It's a lengthy read but clear, in my opinion. 

[Wuozopo 4,293]

3 hours ago, Lebanese23 said:

when i filed last year, i asked my accountant about his past income and he said you dont need unless he was making alot of money, which he wasn't (barely making anything) so he said not to worry about it. we filed jointly.

 New people please note—
Beware of dodgy accountants. The IRS material says In order to file a joint return, you must report worldwide income of both persons. If the new immigrant has no US income and the American spouse doesn’t want to bother with the foreign income, then choose Married Filing Separately. 
 

The IRS won’t likely come after such small time earners, so in that sense “no worries” BUT If you want to be careful and abide by the US tax laws, then do what the IRS instructs. 

[Wuozopo 4,293]

1 hour ago, jeaniecz said:

I found this https://www.irs.gov/pub/irs-pdf/p519.pdf quite helpful. It's a lengthy read but clear, in my opinion. 

 

You obviously have good reading and research skills. The details are there for sure. But unfortunately not all will have the comprehension or motivation to to ever understand it. That's why people hire somebody to do their taxes. Without some basic knowledge and concepts, TurboTax won't help, despite what their hype says. For you, I would recommend buying a TurboTax CD and installing on a computer. That way you can have many versions going at one time to try out MFJ and MFS. Just save them under different file names. I find the online not as useful in navigation. TurboTax Basic will do all you need, but Deluxe is running at about the same price right now. Sam's Club and Target were cheaper when I bought mine, compared to Amazon, Office Depot, Staples, etc.