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La Bombonera

Tax return filing questions

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Filed: K-1 Visa Country: Argentina
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Hello, I was hoping to find the right someone who can clarify my concerns and questions related to filing my 2021 tax returns.

My beneficiary spouse has recently received her GC and has scheduled to re-apply for SSN in April. Although my spouse did apply for SSN immediately upon her arrival back in 2021, the SS Administration had a long backlog and couldn't process it. We got married in 2021. 

 

So far,  I have read that I can either apply for ITIN (with the tax return) for the spouse which will allow me to file a "MFJ" tax return or file "MFS". Upon reading related posts, a member pointed out that if the person is a legal US resident and eligible for SSN (but not yet received one), s/he cannot apply for ITIN. 

 

I would appreciate it if someone can provide recommendations on how I should go about filing taxes for Year 2021. 

Thank you.

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8 minutes ago, La Bombonera said:

if the person is a legal US resident and eligible for SSN (but not yet received one), s/he cannot apply for ITIN.

 

It's true that LPRs are not eligible for ITIN.  I suggest filing for extension so you can file taxes until October.  Apply for spouse's SSN.  After spouse gets SSN, file 2021 taxes as MFJ.

 

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Filed: Citizen (apr) Country: England
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28 minutes ago, La Bombonera said:

I would appreciate it if someone can provide recommendations on how I should go about filing taxes for Year 2021. 

If you get the SSN before the tax filing deadline, then you’re good to go to file by April 18 as MFJ. If your appointment is before that date, press them for a way to be told the number prior to the card arrival. I have heard of people going back the next day and being handed a print out giving the number. It must be her in person. Can’t do it over the phone. Emphasize you need to get those taxes filed…beg…whatever might work. 😂 

 

If that doesn’t work out, then get the extension filed by April 18. With an extension you preserve the right for her to collect the third economic impact payment of $1400 as long as she gets a SSN prior to the extension deadline of Oct 18. Be sure and work though that part of the return. Line 30.
 

Once she has a greencard, then she shouldn’t apply for an ITIN. It’s a huge hassle anyway so lucky you.

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Filed: K-1 Visa Country: Argentina
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3 hours ago, Wuozopo said:

If you get the SSN before the tax filing deadline, then you’re good to go to file by April 18 as MFJ. If your appointment is before that date, press them for a way to be told the number prior to the card arrival. I have heard of people going back the next day and being handed a print out giving the number. It must be her in person. Can’t do it over the phone. Emphasize you need to get those taxes filed…beg…whatever might work. 😂 

 

If that doesn’t work out, then get the extension filed by April 18. With an extension you preserve the right for her to collect the third economic impact payment of $1400 as long as she gets a SSN prior to the extension deadline of Oct 18. Be sure and work though that part of the return. Line 30.
 

Once she has a greencard, then she shouldn’t apply for an ITIN. It’s a huge hassle anyway so lucky you.

Thank you for your advice!

We plan to give them a call first thing in the morning to schedule for this week. We didn't know that it was possible for them to provide the SSN/ a print out in person prior to the card arrival.

It is difficult as there is a short time window amongst the receipt of her GC, SSN appointment, and the April 18 deadline. Out of curiosity, how does the file extension work? I ask as I have filed prior to the normal April deadline. I normally receive refunds and would like to see if I can still do the extension (in case we cannot get the SSN by April 18). 

 

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Filed: Citizen (apr) Country: England
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11 hours ago, La Bombonera said:

Out of curiosity, how does the file extension work?

I would fill out the paper form and mail. That way you can write “pending” for the spouse SSN. Efiling might not accept that. The mailing addresses are on the last page. 

https://www.irs.gov/pub/irs-pdf/f4868.pdf

 

Work out your tax return as you plan to file so you can fill in what your total tax is and how much has been paid in. With a refund, you don’t normally need to file for an extension, BUT that economic impact payment info says you must have a SSN by filing deadline or by the extension deadline if you filed an extension.  So I would go ahead and get the extension filed to make sure I met the”if you filed an extension” part.

 

Mail in that form and you have until October 15 to get the SSN and finish your taxes.

Edited by Wuozopo
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Filed: K-1 Visa Country: Argentina
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On 4/4/2022 at 9:32 AM, Wuozopo said:

I would fill out the paper form and mail. That way you can write “pending” for the spouse SSN. Efiling might not accept that. The mailing addresses are on the last page. 

https://www.irs.gov/pub/irs-pdf/f4868.pdf

 

Work out your tax return as you plan to file so you can fill in what your total tax is and how much has been paid in. With a refund, you don’t normally need to file for an extension, BUT that economic impact payment info says you must have a SSN by filing deadline or by the extension deadline if you filed an extension.  So I would go ahead and get the extension filed to make sure I met the”if you filed an extension” part.

 

Mail in that form and you have until October 15 to get the SSN and finish your taxes.

Thank you for your quick, detailed advice! Fortunately my wife was able to apply earlier this week and was told that she will receive it within 5 to 10 days. If not, we have the appointment to go in person to have the number in person next week. 

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Filed: Citizen (apr) Country: England
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1 hour ago, La Bombonera said:

Thank you for your quick, detailed advice! Fortunately my wife was able to apply earlier this week and was told that she will receive it within 5 to 10 days. If not, we have the appointment to go in person to have the number in person next week. 

That’s great that it all worked out and you should be able to file jointly with the SSN before April 18. Get your return all perfect with your TurboTax except for the warning you are missing the SSN. Don’t forget to work through the Line 30 part about the third economic impact payment which should allow $1400 credit for your wife. 

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Filed: K-1 Visa Country: Argentina
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18 minutes ago, Wuozopo said:

That’s great that it all worked out and you should be able to file jointly with the SSN before April 18. Get your return all perfect with your TurboTax except for the warning you are missing the SSN. Don’t forget to work through the Line 30 part about the third economic impact payment which should allow $1400 credit for your wife. 

Yes, we were fortunate to find an office that had the availability. I have a couple of questions on TurboTax:

 

1) Occupation - my wife could not have a job in the US as she didn't have her ssn. What would be the best description to input as her occupation for 2021 filing?

2) Filing as MFJ, when and how can my wife receive the third economic impact payment? Currently, Form 1040 Line 30 has $1,400 (which is the payment I received).

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Filed: K-1 Visa Country: Argentina
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2 hours ago, Wuozopo said:

That’s great that it all worked out and you should be able to file jointly with the SSN before April 18. Get your return all perfect with your TurboTax except for the warning you are missing the SSN. Don’t forget to work through the Line 30 part about the third economic impact payment which should allow $1400 credit for your wife. 

 

45 minutes ago, La Bombonera said:

Yes, we were fortunate to find an office that had the availability. I have a couple of questions on TurboTax:

 

1) Occupation - my wife could not have a job in the US as she didn't have her ssn. What would be the best description to input as her occupation for 2021 filing?

2) Filing as MFJ, when and how can my wife receive the third economic impact payment? Currently, Form 1040 Line 30 has $1,400 (which is the payment I received).

In addition to question #2, I believe this is the correct way of completing it and wanted to check if it is done correctly per your advice mentioned above.

 

Turbotax, "Based on the tax info you entered, you and your spouse are eligible for a third stimulus check of $2,800. Does this match the amount on Letter(s) 6475 for you and your spouse?"

I have put "NO"

Turbotax, "Enter your total third-round payment as it appears on your Letter 6475 from the IRS. If you and your spouse got multiple payments for either round, enter the total, or 0 if you didn't get a payment"

I have put "1,400"

 

Thank you.

Edited by La Bombonera
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Filed: Citizen (apr) Country: England
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1 hour ago, La Bombonera said:

Occupation - my wife could not have a job in the US as she didn't have her ssn. What would be the best description to input as her occupation for 2021 filing?

Did she work at all in 2021 in Argentina? You could put that occupation or housewife or unemployed. It doesn’t have anything to do with immigration. This is IRS info.
 

1 hour ago, La Bombonera said:

Filing as MFJ, when and how can my wife receive the third economic impact payment? Currently, Form 1040 Line 30 has $1,400 (which is the payment I received).

No that is the credit for her $1400. Look at the line 32 that tell you to add up  the credits. Then Line 33 adds more lines including your withholding and her $1400 credit to come up with what gets subtracted from the total  tax you owe in Line 24. If your withholding and credit are more than you owe, then refund.

 

20 minutes ago, La Bombonera said:

In addition to question #2, I believe this is the correct way of completing it and wanted to check if it is done correctly per your advice mentioned above.

Yes, they calculate your family of 2 is eligible for $2800. You got your $1400 in the early payout, leaving a balance of her $1400 as a credit. It won’t come as a check or separate like yours. It is applied as a credit on the tax return against the total tax you owe or as a refund.

Edited by Wuozopo
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Filed: K-1 Visa Country: Argentina
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3 hours ago, Wuozopo said:

Did she work at all in 2021 in Argentina? You could put that occupation or housewife or unemployed. It doesn’t have anything to do with immigration. This is IRS info.

No, no she did not in 2021. Okay, we could input either housewife or unemployed next to occupation.

 

3 hours ago, Wuozopo said:

No that is the credit for her $1400. Look at the line 32 that tell you to add up  the credits. Then Line 33 adds more lines including your withholding and her $1400 credit to come up with what gets subtracted from the total  tax you owe in Line 24. If your withholding and credit are more than you owe, then refund.

Thank you for the breakdown and indicating Line 32 (my wife's $1400 credit), which is being added to Line 25. 

 

3 hours ago, Wuozopo said:

Yes, they calculate your family of 2 is eligible for $2800. You got your $1400 in the early payout, leaving a balance of her $1400 as a credit. It won’t come as a check or separate like yours. It is applied as a credit on the tax return against the total tax you owe or as a refund.

Got it, thank you for the clarification on this subject.

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