Filing Taxes as Married or Single?

[danielba 23]

Hi Everyone!

 

My husband and I are still waiting on our I-130 approval. He's about to fill his taxes but we have an issue. We got married last year (August 2019 - I'm still living in Mexico) and his tax guy is telling him is best to fill as single since I don't have a SSC but our immigration attorney is telling him to file as "married filing separate" - she's also saying we will need an ITIN. Do you know what's the ITIN number? Do you think we will need it?

 

Thank you all for your help!

[payxibka 10,045]

9 minutes ago, danielba said:

Hi Everyone!

 

My husband and I are still waiting on our I-130 approval. He's about to fill his taxes but we have an issue. We got married last year (August 2019 - I'm still living in Mexico) and his tax guy is telling him is best to fill as single since I don't have a SSC but our immigration attorney is telling him to file as "married filing separate" - she's also saying we will need an ITIN. Do you know what's the ITIN number? Do you think we will need it?

 

Thank you all for your help!

Married.  If he wants to file a joint return you need an itin.  If he wants to file as separate you don't 

[Dashinka 24,505]

I agree, he cannot file as single as he is not single.  Jointly or separately are his only options, and if he wants to file jointly he has to get an ITIN for you.

 

Good Luck!

 

https://www.irs.gov/individuals/individual-taxpayer-identification-number

Edited March 30, 2020 by Dashinka

[danielba 23]

35 minutes ago, payxibka said:

Married.  If he wants to file a joint return you need an itin.  If he wants to file as separate you don't 

Thank you!

Just now, Dashinka said:

I agree, he cannot file as single as he is not single.  Jointly or separately are his only options, and if he wants to file jointly he has to get an ITIN for you.

 

Good Luck!

I've been doing a little of research and it seems getting an ITIN takes time. Do you think would be best to file Married but Separately?

[payxibka 10,045]

1 minute ago, danielba said:

Thank you!

I've been doing a little of research and it seems getting an ITIN takes time. Do you think would be best to file Married but Separately?

Depends on the difference in the overall tax liability.   Joint typically results in an overall lower liability and sometimes that difference is significant. 

[ES0603 9]

I had multiple tax preparers tell me the same thing. I was also very concerned that would interfere with the visa process.

 

your husband can file to have an extension and then you will have until October 15th to file. This way you would have time to get an ITIN if you prefer to file jointly

[B&C2017 123]

It is illegal to file single when you’re married (See IRS page). Your marital status for the tax year is whatever is your marital status is as of December 31st of the year you’re filing.

 

Your husband can either file “married filing separate” (probably makes the most sense in your case and does not require you to get an ITIN but he can’t list you as a dependent either since you don’t have a SSN) or “married filing jointly”, which would require an ITIN (a little late to get that now as it takes some time) and would make your foreign income subject to US tax.

Although your foreign earned income under 105’900 USD (changes each year but currently it’s 105’900 for 2019) can be excluded (you need to file a form for that exclusion of your foreign income though) but still needs to be listed.

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion

 

[Mike E 11,739]

Fire your tax guy and report him to IRS.  Your husband  is married. He cannot file as single.  

[payxibka 10,045]

Filing as single or married separate results in the same tax liability, as married separate uses single rates.  While it is more appropriate to tick the correct box, in the end you incur the same liability which is the most important consideration 

[Pee&Eee 70]

Like someone said fire your tax guy! Don't let your husband file as single while he is married! It will not only be illegal but will cause you problems down the line when you have to show joint tax returns to USCIS 

[ProbeGT 47]

You can file as MFS and then amend to MFJ once he gets his SSN

[danielba 23]

2 hours ago, B&C2017 said:

It is illegal to file single when you’re married (See IRS page). Your marital status for the tax year is whatever is your marital status is as of December 31st of the year you’re filing.

 

Your husband can either file “married filing separate” (probably makes the most sense in your case and does not require you to get an ITIN but he can’t list you as a dependent either since you don’t have a SSN) or “married filing jointly”, which would require an ITIN (a little late to get that now as it takes some time) and would make your foreign income subject to US tax.

Although your foreign earned income under 105’900 USD (changes each year but currently it’s 105’900 for 2019) can be excluded (you need to file a form for that exclusion of your foreign income though) but still needs to be listed.

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion

 

Thank you! I think this is the best option for us.

 

Thank you all for all your help! I really appreciate it.

[geowrian 22,337]

Tell your tax guy to read the 1040 instructions: https://www.irs.gov/pub/irs-pdf/i1040gi.pdf

Start at page 12. Namely, read the requirements for Single:

Quote

• You were never married.
• You were legally separated accord-ing to your state law under a decree of divorce or separate maintenance. But if, at the end of 2019, your divorce wasn't final (an interlocutory decree), you are TIPconsidered married and can't check the box.
• You were widowed before January 1, 2019, and didn't remarry before the end of 2019. But if you have a child, you may be able to use the qualifying widow(er) filing status. See the instruc-tions for Qualifying Widow(er), later."

That does not appear to be anything that your circumstances meet.

Then check MFJ/MFS. Those should meet your circumstances just fine.

(As a side note HOH can apply with a dependent child/children living with you)

Edited March 31, 2020 by geowrian

[Rick2019 10]

got also Married August 2019, filed tax this year as MFS, had to send paper forms, it wasn't hard. 

[danielba 23]

41 minutes ago, Rick2019 said:

got also Married August 2019, filed tax this year as MFS, had to send paper forms, it wasn't hard. 

Thanks! We will do the same.