First Time Filing Taxes with K1

[FlyingPan 11]

Like many right now, I'm filing for the first time in a K1 situation.  I've read through a lot of threads trying to understand what's required of me to stay on the right side of the law.   I'm seeking a little reassurance that I've interpreted what I've read correctly.  Thanks in advance to those that review/provide guidance.  VJ in general has been a lifesaver in this long, rewarding, and sometimes trying process.

 

My Situation: 

• My fiance arrived to the US in August 2019 and we married later that month, so she does not pass the substantial presence test.   Currently going through AOS.
• She made Zero income in 2019 (either in the US or her native country).    
• She has her SSN since September 2019

 

Proposed Tax Filing:

• Based on what I've read in this forum, MFJ  (vs MFS) is likely the way to go to minimize income eligible for taxes by $24K.       
• There's no need to complete IRS Form 2555 as there was no foreign income earned, or alternatively, state on that form $0 income earned.
• Include joint declaration paper letter from my wife and I that we were married at the end of tax year 2019 to be treated as US residents for the entire tax year (per IRC6013 (g))
• Must file via Mail as e-filing in my situation isn't possible (even though personally preferred)

 

Please let me know if I've missed anything glaring.  Sincere thanks and good luck to all...

[Wuozopo 4,293]

You seem to have covered everything. You do not need 2555.
The reason for paper filing is there is no IRS form for the signed statement electing to treat the nonresident spouse as a resident for the entire year. So you type, print, and sign it. Then include it at the end of your tax forms and mail to the appropriate location for your home address. Next year you’ll be back to efiling. 

Edited February 18, 2020 by Wuozopo

[Hd1170 30]

I am in the same boat as you and came to the same conclusion, one question however. Can we still use turbo tax to input all the information and organize it and then we would have to print and mail it?

[Wuozopo 4,293]

37 minutes ago, Hd1170 said:

I am in the same boat as you and came to the same conclusion, one question however. Can we still use turbo tax to input all the information and organize it and then we would have to print and mail it?

Yes. Remember to say to TurboTax your spouse was a resident all year. When you include the statement, that makes the spouse resident alien to the IRS for tax purposes.  You are answering as the IRS sees the spouse, not USCIS and immigration.

[FlyingPan 11]

Thanks Wouzopo- really appreciate the feedback!

[MariaR323 199]

On 2/17/2020 at 6:09 PM, FlyingPan said:

Like many right now, I'm filing for the first time in a K1 situation.  I've read through a lot of threads trying to understand what's required of me to stay on the right side of the law.   I'm seeking a little reassurance that I've interpreted what I've read correctly.  Thanks in advance to those that review/provide guidance.  VJ in general has been a lifesaver in this long, rewarding, and sometimes trying process.

 

My Situation: 

• My fiance arrived to the US in August 2019 and we married later that month, so she does not pass the substantial presence test.   Currently going through AOS.
• She made Zero income in 2019 (either in the US or her native country).    
• She has her SSN since September 2019

 

Proposed Tax Filing:

• Based on what I've read in this forum, MFJ  (vs MFS) is likely the way to go to minimize income eligible for taxes by $24K.       
• There's no need to complete IRS Form 2555 as there was no foreign income earned, or alternatively, state on that form $0 income earned.
• Include joint declaration paper letter from my wife and I that we were married at the end of tax year 2019 to be treated as US residents for the entire tax year (per IRC6013 (g))
• Must file via Mail as e-filing in my situation isn't possible (even though personally preferred)

 

Please let me know if I've missed anything glaring.  Sincere thanks and good luck to all...

One more thing to add... you actually can e-File since the SSN for your spouse was issued in 2019 and the e-Filing is being done in 2020. However, most do-it-yourself tax software doesn't have the option to include that election statement via a PDF attachment. Professional tax software does so my suggestion, for faster processing, would be to go to an independent tax preparer and ask first before you engage them if they can attach that statement.

 

I say the above to ask first because I'm not sure if ALL professional tax software has that function - I would assume so.

[geowrian 22,337]

3 minutes ago, MariaR323 said:

However, most do-it-yourself tax software doesn't have the option to include that election statement via a PDF attachment. Professional tax software does

Do you have a couple examples of what software includes this?

[MariaR323 199]

17 minutes ago, geowrian said:

Do you have a couple examples of what software includes this?

The only one I know of, from personal experience, is Proseries.

[FlyingPan 11]

Thank you, MariaR323.    I appreciate the feedback and the clarification you're making.  I'll be using Turbo Tax again this year, so paper filing will be my fate this year.   Thanks again!  

[geowrian 22,337]

2 hours ago, MariaR323 said:

The only one I know of, from personal experience, is Proseries.

Thanks!

For future reference to others ITT, that requires being an authorized e-filing provider with the IRS. It's not something open to the public.

[MariaR323 199]

24 minutes ago, geowrian said:

Thanks!

For future reference to others ITT, that requires being an authorized e-filing provider with the IRS. It's not something open to the public.

Yes, I tried to make that clear but thanks for chiming in on that.

 

All: Again, do-it-yourself software does not allow attaching these type of election statements as PDFs (as far as I know). However, it can be done, but using professional tax software that is available to registered tax preparers who are authorized as e-File providers.

 

So, basically, if you want to e-File a tax return and include the election statement - you should make an appt with a tax preparer.

 

[ErickandLeo 61]

On 2/17/2020 at 6:09 PM, FlyingPan said:

Like many right now, I'm filing for the first time in a K1 situation.  I've read through a lot of threads trying to understand what's required of me to stay on the right side of the law.   I'm seeking a little reassurance that I've interpreted what I've read correctly.  Thanks in advance to those that review/provide guidance.  VJ in general has been a lifesaver in this long, rewarding, and sometimes trying process.

 

My Situation: 

• My fiance arrived to the US in August 2019 and we married later that month, so she does not pass the substantial presence test.   Currently going through AOS.
• She made Zero income in 2019 (either in the US or her native country).    
• She has her SSN since September 2019

 

Proposed Tax Filing:

• Based on what I've read in this forum, MFJ  (vs MFS) is likely the way to go to minimize income eligible for taxes by $24K.       
• There's no need to complete IRS Form 2555 as there was no foreign income earned, or alternatively, state on that form $0 income earned.
• Include joint declaration paper letter from my wife and I that we were married at the end of tax year 2019 to be treated as US residents for the entire tax year (per IRC6013 (g))
• Must file via Mail as e-filing in my situation isn't possible (even though personally preferred)

 

Please let me know if I've missed anything glaring.  Sincere thanks and good luck to all...

same situation here but I arrived in the US May 2019 and married June 2019 so i passed the presence test and i have an income in Canada that i need to declare here as foreign income when my husband filed his taxes, please enlighten me VJ members on what should we do? because I also need to file my taxes in Canada, should I declare my Canadian income here in the US when my husband and I filed our taxes MFJ though I’m unemployed until now? 

 

thank you

[Wuozopo 4,293]

56 minutes ago, ErickandLeo said:

should I declare my Canadian income here in the US when my husband and I filed our taxes MFJ though I’m unemployed until now? 

You have to report your Canadian income if you want to file a joint return. There are numerous threads already posted with information without repeating it all. See what you can glean from the other threads.