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I was looking on VJ for some good templates for the election statement for my NRA wife to be treated as RA for the tax year 2019 so can MFJ so our federal taxes can be completely filed with our tax guy.  That is when I ran across the fact that Federal taxes aren't the only thing that we have to file.  This completely caught me off guard and has really really confused me, I only thought there was one thing that we had to file for taxes, and that was our federal taxes once a year.  But really we have to file taxes 2 times??? The federal 1040 and we also have to file State taxes?? When are these state taxes due and why did my tax guy never say anything about them.  Whats the process to filing the state taxes??

 

 

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4 minutes ago, Kerri and Myles said:

I was looking on VJ for some good templates for the election statement for my NRA wife to be treated as RA for the tax year 2019 so can MFJ so our federal taxes can be completely filed with our tax guy.  That is when I ran across the fact that Federal taxes aren't the only thing that we have to file.  This completely caught me off guard and has really really confused me, I only thought there was one thing that we had to file for taxes, and that was our federal taxes once a year.  But really we have to file taxes 2 times??? The federal 1040 and we also have to file State taxes?? When are these state taxes due and why did my tax guy never say anything about them.  Whats the process to filing the state taxes??

 

 

Depends on the state.  Does your state have an income tax?  Not all states do.

 

Maybe your parents can help you with it.

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Two? We (PA) have to file at least 3 times here: federal, state, and local. Local could be multiple forms to different collectors for some jurisdictions, or if you move during the year.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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2 minutes ago, Jorgedig said:

Depends on the state.  Does your state have an income tax?  Not all states do.

 

Maybe your parents can help you with it.

yes my state has an income tax, I mean why do I need my parents isn't this why I am paying the tax guy 😂, what I am curious about is the process for filing the state taxes, would my tax guy already have all the information he needs since he is filing our federal taxes and it would be as simple as filling out the states 1040?  

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Just now, Kerri and Myles said:

yes my state has an income tax, I mean why do I need my parents isn't this why I am paying the tax guy 😂, what I am curious about is the process for filing the state taxes, would my tax guy already have all the information he needs since he is filing our federal taxes and it would be as simple as filling out the states 1040?  

I suggested your parents, because presumably they are used to filing taxes in your particular state.  Tax guy can help also, or maybe you’ll be lucky and someone here will know about filing your state’s taxes.

 

1040 is specifically a federal form, btw.

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1 minute ago, geowrian said:

Two? We (PA) have to file at least 3 times here: federal, state, and local. Local could be multiple forms to different collectors for some jurisdictions, or if you move during the year.

Seems like I will have to ask the question "what are exactly all the taxes that I need to file, is it just federal or is it federal + state, or do I need to file federal + state + local?

 

If I have to file state, are there any special instructions to follow, example being for the federal having to send in the election statement for NRA to be treated as RA by the IRS first year after K-1, or since doing that with federal will state taxes be easy to file, and as simple as the tax guy being able to take care of it since has all the information to file our federal taxes?

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1 minute ago, Jorgedig said:

I suggested your parents, because presumably they are used to filing taxes in your particular state.  Tax guy can help also, or maybe you’ll be lucky and someone here will know about filing your state’s taxes.

 

1040 is specifically a federal form, btw.

What I am honestly shocked by the most is in our meeting when we were going over our situation why our tax guy didn't ever say/ask us anything about if we want our state taxes filed at the same time, and figure out if we need to file local taxes.  Would the tax guy just let that filing not happen, or maybe they just automatically file state for you?

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Just now, Kerri and Myles said:

What I am honestly shocked by the most is in our meeting when we were going over our situation why our tax guy didn't ever say/ask us anything about if we want our state taxes filed at the same time, and figure out if we need to file local taxes.  Would the tax guy just let that filing not happen, or maybe they just automatically file state for you?

Only your tax guy knows the answer to that.  Call him tomorrow.

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3 minutes ago, Jorgedig said:

Only your tax guy knows the answer to that.  Call him tomorrow.

yeah going to call him bright and early tomorrow and make sure all our taxes for the year be it federal, federal+state, or if we have to federal+state+local all get filed at the same time.  

 

My 1 main question for VJ which the tax guy may not handle the often, is this :

 

 

If I have to file state, are there any special instructions to follow, example being for the federal having to send in the election statement for NRA to be treated as RA by the IRS first year after K-1, or since doing that with federal will state taxes be easy to file, and as simple as the tax guy being able to take care of it since has all the information to file our federal taxes?

 

 

Basically this is just asking for state or local are there any other special instructions that need to be taken care of in order to be able to file them?  Or since making the special election explained above will my wife first year after k-1 be alright to MFJ filed on my state/local taxes?  Is there a seperate election statement or something along those lines that needs to be done for state/local for her so we can file the state/local taxes MFJ also?  

 

Thanks everyone also for the help in this.  

 

Also @geowrian  I would like to ask your election statement letter that you have on VJ for us to copy the format, is  that election statement letter still relevant for the current tax year and contain all the relevant information that needs to be sent in on it?  I love the format of yours and was planning on using it.

 

 

Edited by Kerri and Myles
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5 minutes ago, Kerri and Myles said:

Seems like I will have to ask the question "what are exactly all the taxes that I need to file, is it just federal or is it federal + state, or do I need to file federal + state + local?

 

If I have to file state, are there any special instructions to follow, example being for the federal having to send in the election statement for NRA to be treated as RA by the IRS first year after K-1, or since doing that with federal will state taxes be easy to file, and as simple as the tax guy being able to take care of it since has all the information to file our federal taxes?

Unfortunately, there is no way to properly answer this as the filing requirements and processes for state taxes are defined by the state. And local taxes are defined by the locality.

If one state says you need an RA election letter and must file the same as federal, then that's what you have to do. My state does not, but there are 49 other states out there (+ other regions) that each have their own requirements.

 

If your W-2 shows a withholding for state and/or local, then you probably need to file for those (assuming you live and work in the same state/locality).

 

2 minutes ago, Kerri and Myles said:

Also @geowrian  I would like to ask your election statement letter that you have on VJ for us to copy the format, is  that election statement letter still relevant for the current tax year and contain all the relevant information that needs to be sent in on it?  I love the format of yours and was planning on using it.

I took a look at it and it appears that it would still apply fine. I have not seen a change in the NRA spouse election process since that was made.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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3 minutes ago, Kerri and Myles said:

yeah going to call him bright and early tomorrow and make sure all our taxes for the year be it federal, federal+state, or if we have to federal+state+local all get filed at the same time.  

 

My 1 main question for VJ which the tax guy may not handle the often, is this :

 

 

If I have to file state, are there any special instructions to follow, example being for the federal having to send in the election statement for NRA to be treated as RA by the IRS first year after K-1, or since doing that with federal will state taxes be easy to file, and as simple as the tax guy being able to take care of it since has all the information to file our federal taxes?

 

 

Basically this is just asking for state or local are there any other special instructions that need to be taken care of in order to be able to file them?  Or since making the special election explained above will my wife first year after k-1 be alright to MFJ filed on my state/local taxes?  Is there a seperate election statement or something along those lines that needs to be done for state/local for her so we can file the state/local taxes MFJ also?  

 

Thanks everyone also for the help in this.  

 

Also @geowrian  I would like to ask your election statement letter that you have on VJ for us to copy the format, is  that election statement letter still relevant for the current tax year and contain all the relevant information that needs to be sent in on it?  I love the format of yours and was planning on using it.

 

 

I can’t tell from your profile which state you live in, but you should specifically seek help from other people who live in that state.

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6 minutes ago, geowrian said:

Unfortunately, there is no way to properly answer this as the filing requirements and processes for state taxes are defined by the state. And local taxes are defined by the locality.

If one state says you need an RA election letter and must file the same as federal, then that's what you have to do. My state does not, but there are 49 other states out there (+ other regions) that each have their own requirements.

 

If your W-2 shows a withholding for state and/or local, then you probably need to file for those (assuming you live and work in the same state/locality).

 

I took a look at it and it appears that it would still apply fine. I have not seen a change in the NRA spouse election process since that was made.

My W-2 showcases  "state income tax" but I do not see any  "State Income Tax Withheld" 

 

Also on the instructions for my states state tax return I see this "you must file if you were required to file a federal income tax return, or"

which thats this guy right here  😅, I don't see filing the state taxes as being an issue, the only thing I see being an issue is the CPA not 100% knowing if immigration type wise something very specific has to be sent in for state as in the election needing to be sent in for federal.  

Edited by Kerri and Myles
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6 minutes ago, Kerri and Myles said:

My W-2 showcases  "state income tax" but I do not see any  "State Income Tax Withheld" 

Correct, that is the amount withheld. I never actually paid enough attention to notice that it lacked the word "withheld".

 

https://www.doctoredmoney.org/taxes/wtwo

These are in boxes 17 and 19 for state and local, respectively.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 minute ago, geowrian said:

Correct, that is the amount withheld. I never actually paid enough attention to notice that it lacked the word "withheld".

 

https://www.doctoredmoney.org/taxes/wtwo

These are in boxes 17 and 19 for state and local, respectively.

Alright so I found something, but I am not exactly certain if we need to file this form, this is what the state tax form instructions say for non-resident alien:

 

a nonresident alien, you must file if your income is taxed under federal income tax law. You must attach a copy of your federal Form 1040NR, U.S. Nonresident Alien Income Tax Return, or federal Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents

 

hmm makes me think , since my wifes foreign income we are reporting is being excluded with form 2555 I am guessing would not apply here and we would just file the regular state tax form ?  Or from what I am seeing no federal form 1040NR was done, and from using some common sense and making some connections since no federal form 1040NR, just do the regular 1040 for my state.

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