Filed as Single on 2020 Tax return help

[Liam2021 583]

2 hours ago, ra0010 said:

Wrong. One of the evidences of financial commingling is having shared finances, so it could affect the visa if not taken care of properly.

It could affect a person doing AOS in US, but not with apply for immigrant visa abroad. Also, it's IRS issue, not immigration issue.

@OP, just amend the tax filling status after your spouse immigrate to USA. It will be an important document you will need for ROC later.

[Skyman 321]

I'm no expert but this is what I would do.  I would file out a 1040X to amend your 2019 taxes to married jointly and leave the box for your spouse's SSAN blank, you can fill out the W-7 for getting his ITIN too.  I would not file it yet.  With your interview so close, he might get a SSAN before the ITIN is processed so that might muck things up with the IRS.  I would then bring that and the single transcripts you have to the interview.  When you get his SSAN, put that on the 1040X and send it.  Then also amend 2020 to married/joint.

[aaron2020 11,651]

48 minutes ago, Skyman said:

I'm no expert but this is what I would do.  I would file out a 1040X to amend your 2019 taxes to married jointly and leave the box for your spouse's SSAN blank, you can fill out the W-7 for getting his ITIN too.  I would not file it yet.  With your interview so close, he might get a SSAN before the ITIN is processed so that might muck things up with the IRS.  I would then bring that and the single transcripts you have to the interview.  When you get his SSAN, put that on the 1040X and send it.  Then also amend 2020 to married/joint.

I respectfully disagree.

 

Don't bother with an ITIN.  There is NO WAY your amended tax return will be accepted and an ITIN issued until the end of 2021 at the earliest.  Furthermore, you do not know if filing MFJ or MFS will result in a lower tax liability.

 

Just wait until your spouse immigrates to the US and gets a Social Security Number.  Then go to a competent accountant (not H&R Block) and figure out whether filing MFS (which excludes your spouse's foreign income) or MFJ (which includes your spouse's foreign income) would be result in the lower tax liabilities.  

[Skyman 321]

1 minute ago, aaron2020 said:

I respectfully disagree.

 

Don't bother with an ITIN.  There is NO WAY your amended tax return will be accepted and an ITIN issued until the end of 2021 at the earliest.

I said fill it out and bring it to the interview but I wouldn't send it in.  Just bring it to the interview to show intent.  Please read what I wrote.  

 

2 minutes ago, aaron2020 said:

Furthermore, you do not know if filing MFJ or MFS will result in a lower tax liability.

True, the MFJ would include his income and perhaps he has a high income in Korea.  But if not, the MFJ would almost certainly result in a refund.

[aaron2020 11,651]

5 minutes ago, Skyman said:

I said fill it out and bring it to the interview but I wouldn't send it in.  Just bring it to the interview to show intent.  Please read what I wrote.  

 

 

Filling out paperwork that you swear under oath at an interview that you intend to file with the IRS without the intention of actually filing it is fraud.  

 

OP's situation is very common and an easy explanation.  Manufacturing evidence is never a good idea.

Edited March 19, 2021 by aaron2020

[Skyman 321]

1 minute ago, aaron2020 said:

Filling out paperwork that you swear under oath at an interview that you intend to file with the IRS without the intention of actually filing it is fraud.

Then don't do that.  If the subject comes up.....Why did you file your taxes as single after your marriage?  Then say, I have the amendment to 2019 ready to go as soon as we get his SSAN.  Simple and honest and you have the forms right there if they want to see that.

[Janay Thomas 1]

On 3/18/2021 at 12:23 AM, peach.ki said:

This may be a dumb question....

 

So I filed as single on my 2020 tax returns because I thought our marriage isnt recognized in the US??

(But we have been married in South Korea since 04/01/2019) 

It was approved but I am thinking of amending it and changing it to Married but separately filing??

I'm afraid it will effect our visa interview if I filed Single on my tax return transcripts... please help.  

Is our relationship even recognized before the Cr-1? I'm just confused.. I've heard both yes and no.

 

 

 

 

Hi recently you posted that you mistakenly file single while you were married> 

 

On 3/18/2021 at 12:23 AM, peach.ki said:

This may be a dumb question....

 

So I filed as single on my 2020 tax returns because I thought our marriage isnt recognized in the US??

(But we have been married in South Korea since 04/01/2019) 

It was approved but I am thinking of amending it and changing it to Married but separately filing??

I'm afraid it will effect our visa interview if I filed Single on my tax return transcripts... please help.  

Is our relationship even recognized before the Cr-1? I'm just confused.. I've heard both yes and no.

 

 

 

 

Hi recently you posted that you mistakenly file as single while you are married. You stated that your interview date was April 5th,  I would like to know if that affect your spouse immigrant visa? 

[Nitas_man 3,100]

On 3/18/2021 at 8:35 PM, aaron2020 said:

I respectfully disagree.

 

Don't bother with an ITIN.  There is NO WAY your amended tax return will be accepted and an ITIN issued until the end of 2021 at the earliest.  Furthermore, you do not know if filing MFJ or MFS will result in a lower tax liability.

 

Just wait until your spouse immigrates to the US and gets a Social Security Number.  Then go to a competent accountant (not H&R Block) and figure out whether filing MFS (which excludes your spouse's foreign income) or MFJ (which includes your spouse's foreign income) would be result in the lower tax liabilities.  

Foreign income is excluded whether they file jointly or separately

I agree with waiting until they receive a SS number but OP needs to have the beneficiary bring proof of income so they can convert to USD and file the return.

Edited April 18, 2021 by Nitas_man

[aaron2020 11,651]

16 minutes ago, Nitas_man said:

Foreign income is excluded whether they file jointly or separately

I agree with waiting until they receive a SS number but OP needs to have the beneficiary bring proof of income so they can convert to USD and file the return.

Foreign income is not excluded when the foreign spouse chooses to be treated as a US taxpayer.  

[Nitas_man 3,100]

3 minutes ago, aaron2020 said:

Foreign income is not excluded when the foreign spouse chooses to be treated as a US taxpayer.  

Yeah, it is and that spouse automatically meets “bonafide resident” test

I filed foreign earned income exclusions for years dude

Edited April 18, 2021 by Nitas_man

[aaron2020 11,651]

3 minutes ago, Nitas_man said:

Yeah, it is and that spouse automatically meets “bonafide resident” test

I filed foreign earned income exclusions for years dude

Read the requirements for the Foreign Earned Income Exclusion dude.   

Please let us know which of the 3 situations applies to qualify for the FEIE when it's a non-US citizen/non-US resident who chooses to be taxed as a US taxpayer.  

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

 

If you meet certain requirements, you may qualify for the foreign earned income exclusion, the foreign housing exclusion, and/or the foreign housing deduction. To claim these benefits, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following:

• A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year,
• A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or
• A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.

 

[Nitas_man 3,100]

39 minutes ago, aaron2020 said:

Read the requirements for the Foreign Earned Income Exclusion dude.   

Please let us know which of the 3 situations applies to qualify for the FEIE when it's a non-US citizen/non-US resident who chooses to be taxed as a US taxpayer.  

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

 

If you meet certain requirements, you may qualify for the foreign earned income exclusion, the foreign housing exclusion, and/or the foreign housing deduction. To claim these benefits, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following:

• A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year,
• A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or
• A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.

 

I dont need to read them.  PriceWaterHouse reads them for me.
 

The part here where you “choose to treat a non-resident spouse as a resident”, declare the income jointly, file the taxes jointly, and exclude the foreign income like any other resident.

https://www.irs.gov/publications/p519#en_US_2020_publink1000222177

 

In OUR case we used physical presence for the first year since it didnt make a difference anyway.  She was never in the US but we sure did declare then exclude her income (and filed jointly)

 

HOWEVER the US and Indonesia have a tax treaty and she was assuredly a bonafide resident for more than one interrupted tax year SO had she arrived mid-year she would have qualified for 50% of the exclusion under either physical presence or bonafide resident.

 

This isn’t that complicated. 

Edited April 18, 2021 by Nitas_man