Taxes

[MrsAb2021 29]

Hello everyone, question about filing taxes next year. My fiance will be arriving in October to the US on a K-1 visa. Once we are married and have his SSN, how do I go about putting him on my taxes for next year? I know that married filing jointly will be the most likely answer, but do I claim him as a dependent and me as head of household since he won't be working at that time? Is there any specific documentation that has to be submitted with our forms? Usually I just do a form 1040 so nothing too complicated. Any advice is appreciated.

[Adventine 3,213]

***Moved to "Tax & Finances During US Immigration" where similar topics can be found***

 

 

 

[Crazy Cat 42,413]

16 minutes ago, UsagiCosplay said:

Hello everyone, question about filing taxes next year. My fiance will be arriving in October to the US on a K-1 visa. Once we are married and have his SSN, how do I go about putting him on my taxes for next year? I know that married filing jointly will be the most likely answer, but do I claim him as a dependent and me as head of household since he won't be working at that time? Is there any specific documentation that has to be submitted with our forms? Usually I just do a form 1040 so nothing too complicated. Any advice is appreciated.

It depends on several factors.  Did he have income before coming to the US, etc.  If you file "Married-Filing Jointly", world-wide income for BOTH spouses must be reported for the entire tax year.  Spouses are never listed as dependents.  They are listed as spouses.  

The first year can be a little tricky for some couples.  It is best to calculate whether Married-Filing Jointly or Married- Filing Separately is the better strategy.   It is also possible that he might want to be classified as a dual status resident if he had substantial income before coming to the US.  Good luck.

 

Note:  You will not qualify for Head of Household.

Edited August 12, 2021 by Lucky Cat

[MrsAb2021 29]

Thank you! We would file as married filing jointly then. Is there anything extra we need to send in since he won't be a LPR at that point in time?

[Crazy Cat 42,413]

1 minute ago, UsagiCosplay said:

Thank you! We would file as married filing jointly then. Is there anything extra we need to send in since he won't be a LPR at that point in time?

Not really.  It should be pretty straight forward as long as he has a SSN or ITIN.  

[MrsAb2021 29]

Just now, Lucky Cat said:

Not really.  It should be pretty straight forward as long as he has a SSN or ITIN.  

Thank you! I plan to apply for his SSN upon arrival.

[Crazy Cat 42,413]

3 minutes ago, UsagiCosplay said:

Thank you! I plan to apply for his SSN upon arrival.

Good plan!!!!! 😀

[HRQX 4,145]

7 hours ago, UsagiCosplay said:

Is there anything extra we need to send in since he won't be a LPR at that point in time?

Since he'll only be in the US for ~3 months of 2021 tax year you'll do the following: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

How to Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year
2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

[janet3 1,170]

11 hours ago, UsagiCosplay said:

Hello everyone, question about filing taxes next year. My fiance will be arriving in October to the US on a K-1 visa. Once we are married and have his SSN, how do I go about putting him on my taxes for next year? I know that married filing jointly will be the most likely answer, but do I claim him as a dependent and me as head of household since he won't be working at that time? Is there any specific documentation that has to be submitted with our forms? Usually I just do a form 1040 so nothing too complicated. Any advice is appreciated.

You still file the 1040. You will file married and jointly if you are married before December 31, 2021. If you are not married before December 31, 2021 and he has been in the USA for over a certain amount of time you can look at filing for for him as a dependent....but you will need to get the advice of a CPA or Tax advisor for that (regarding timelines and standards for meeting a classification as "dependent")

[SalishSea 18,165]

1 hour ago, janet3 said:

You still file the 1040. You will file married and jointly if you are married before December 31, 2021. If you are not married before December 31, 2021 and he has been in the USA for over a certain amount of time you can look at filing for for him as a dependent....but you will need to get the advice of a CPA or Tax advisor for that (regarding timelines and standards for meeting a classification as "dependent")

Really?  I'm surprised he could be classified as a dependent, as in that scenario he would be an unrelated person on a non-immigrant visa.

[nastra30 2,370]

7 hours ago, janet3 said:

 If you are not married before December 31, 2021 and he has been in the USA for over a certain amount of time you can look at filing for for him as a dependent.

 

6 hours ago, Jorgedig said:

Really?  I'm surprised he could be classified as a dependent, as in that scenario he would be an unrelated person on a non-immigrant visa.

I'll like to understand this more. I do know you can claim an unrelated person as a dependent if they lived with you all year as a member of the household. But I think the dependent must be a U.S. citizen, U.S. national, or resident alien. So I'm doubting op can claim fiance as a dependent using non-immigrant visa but I could be wrong. 

 

On the other hand, if op gets married only options are married filing jointly or married filing separately. Can't claim spouse as dependent when married. Spouses will be spouses on tax forms.

Edited August 13, 2021 by nastra30

[JeanneAdil 6,672]

He's coming in October and can not be claimed as dependent 

best for u to marry before end of December and get that SS # with his I 94 ASAP 

 

First and foremost, a dependent is someone you support: You must have provided at least half of the person’s total support for the year — food, shelter, clothing, etc.

 

 

https://taxsummaries.pwc.com/united-states/individual/foreign-tax-relief-and-tax-treaties

 

Morocco is part of tax treaty with the US so if he has 2021 income ,  she can file form 2555 to have $108,700 excluded (which no one would leave morocco if they made that much money )

Edited August 13, 2021 by JeanneAdil

[janet3 1,170]

16 hours ago, nastra30 said:

 

I'll like to understand this more. I do know you can claim an unrelated person as a dependent if they lived with you all year as a member of the household. But I think the dependent must be a U.S. citizen, U.S. national, or resident alien. So I'm doubting op can claim fiance as a dependent using non-immigrant visa but I could be wrong. 

 

On the other hand, if op gets married only options are married filing jointly or married filing separately. Can't claim spouse as dependent when married. Spouses will be spouses on tax forms.

Yes. I believe you are absolutely correct.  There are very strict guidelines for filing for an adult as a dependent on your tax return. 

It would be much more beneficial for the couple to get married and file a joint tax return as married. 

The best scenario is op gets married within the time frame and file a tax return jointly. The benefits of getting married and filing as "married" far outweigh trying the incredibly difficult standard of filing for a dependent (which the beneficiary will not meet). 

[janet3 1,170]

22 hours ago, Jorgedig said:

Really?  I'm surprised he could be classified as a dependent, as in that scenario he would be an unrelated person on a non-immigrant visa.

I understand what you are saying and agree. It is a very complicated tax question that would be better answered by a CPA or tax professional. But since there is only a 90 day time frame to get married on a k1 the question of dependency is pretty much moot. (The timeline for a dependent is much longer)

[JeanneAdil 6,672]

getting the SS # (please do this within the I 94 timeframe), it makes all this so much easier) or ITIN if no SS #

no tax preparer is necessary for either 

just follow IRS instructions