Marriage deduction? (Merged 2x)

[Afghanguy 6]

2 minutes ago, JeanneAdil said:

she does not have to be here 6 months

i filed for Adil in 2010 and all the years after till he came in 2015 

 

but i did ITIN  (its worth it as you loose thousands if u don't )   and it will be about 2 years before she comes so we are talking 12,900 +12,900 =12,900

 

theres a big difference between  $12,950 for filers, $25,900 for joint

and you have to file as married as u are married at end of 2022 so its MFJ or MFS 

 

IRS instructions for non resident alien spouse

don't use that CPA as they don't know the business

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

i called 2 places they both told me u cant get deduction without some # like social or ITIN...itin takes long time to get ...he said just file single then next year she comes you can amend it...if i file MFS like u are mentioning will i get my normal deduction that i get every year 12500 or do i lose that also?

[JeanneAdil 6,414]

2 minutes ago, Afghanguy said:

i called 2 places they both told me u cant get deduction without some # like social or ITIN...itin takes long time to get ...he said just file single then next year she comes you can amend it...if i file MFS like u are mentioning will i get my normal deduction that i get every year 12500 or do i lose that also?

What happens if I'm married but file single?

 

The quick answer to the question, can I file single if I am married, is no. You cannot file single if you are married. There are some exceptions to this rule, if you are a widow(er), if you are legally separated from your spouse, or if you are under a divorce.Oct 12, 2022

 

read the IRS site i gave u 

u are married not single 

u  can file without SS#  many VJ'ers have done it

 

I follow what IRS says not some person who doesn't deal with nonresident alien spouse

and u are already filing late so your return will not be fast -  do the W7 and enclose copy of marriage and her birth certificate and get the extra deduction

Edited April 12, 2023 by JeanneAdil

[JeanneAdil 6,414]

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a U.S. resident within the meaning of Internal Revenue Code (IRC) section 7701(b)(1)(A) and the other is not, you can choose to treat the nonresident spouse as a U.S. resident for tax purposes. This includes situations in which one of you was not a U.S. resident at the beginning of the tax year but was at the end of the year, and the other was not a U.S. resident at the end of the year.

If you and your spouse do not choose to treat the nonresident spouse as a U.S. resident, you may be able to use head of household filing status. To use this status, you must pay more than half the cost of maintaining a household for certain dependents or relatives other than your nonresident spouse. For more information, see Head of Household and Publication 501, Dependents, Standard Deduction, and Filing Information.

[JeanneAdil 6,414]

Let me add Casa embassy  knows u can file as married and u will have to furnish tax returns for the interview

u need to prove thru every possible way that u r married (bona fida) and relationship is real 

they will look at taxes to see if u file as married

[Afghanguy 6]

7 minutes ago, JeanneAdil said:

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a U.S. resident within the meaning of Internal Revenue Code (IRC) section 7701(b)(1)(A) and the other is not, you can choose to treat the nonresident spouse as a U.S. resident for tax purposes. This includes situations in which one of you was not a U.S. resident at the beginning of the tax year but was at the end of the year, and the other was not a U.S. resident at the end of the year.

If you and your spouse do not choose to treat the nonresident spouse as a U.S. resident, you may be able to use head of household filing status. To use this status, you must pay more than half the cost of maintaining a household for certain dependents or relatives other than your nonresident spouse. For more information, see Head of Household and Publication 501, Dependents, Standard Deduction, and Filing Information.

adil i just called another place HR block and she told me same thing...we need a SS or ITIN #.. if i do a ITIN request it takes 8 weeks ....she also said if i file MFS i will be on a higher tax bracket!

[Afghanguy 6]

16 minutes ago, Afghanguy said:

adil i just called another place HR block and she told me same thing...we need a SS or ITIN #.. if i do a ITIN request it takes 8 weeks ....she also said if i file MFS i will be on a higher tax bracket!

so u r saying file Married JOINtly?will this put me on a higher tax bracket???  i m self employed i normally owe money end of year...when i do single i get like a 12500 deduction...so u r saying IRS is saying to file as JOINT? eventhough she is not in USA?

[Afghanguy 6]

3 minutes ago, Afghanguy said:

so u r saying file Married JOINtly?will this put me on a higher tax bracket???  i m self employed i normally owe money end of year...when i do single i get like a 12500 deduction...so u r saying IRS is saying to file as JOINT? eventhough she is not in USA?

 

3 minutes ago, Afghanguy said:

so u r saying file Married JOINtly?will this put me on a higher tax bracket???  i m self employed i normally owe money end of year...when i do single i get like a 12500 deduction...so u r saying IRS is saying to file as JOINT? eventhough she is not in USA?

 

3 minutes ago, Afghanguy said:

so u r saying file Married JOINtly?will this put me on a higher tax bracket???  i m self employed i normally owe money end of year...when i do single i get like a 12500 deduction...so u r saying IRS is saying to file as JOINT? eventhough she is not in USA?

i just called hr block again and told her about that IRS link she said she knows about it...in order to do that she has to be here so we can get a ITIN # for her but she is not in USA...she said file single

[Afghanguy 6]

4 minutes ago, Afghanguy said:

 

 

i just called hr block again and told her about that IRS link she said she knows about it...in order to do that she has to be here so we can get a ITIN # for her but she is not in USA...she said file single

should i make an appointment at my local IRS office and ask about the ITIN?

[Afghanguy 6]

36 minutes ago, Afghanguy said:

should i make an appointment at my local IRS office and ask about the ITIN?

i am lost now....local irs requires her to be present..

[Afghanguy 6]

1 hour ago, JeanneAdil said:

Let me add Casa embassy  knows u can file as married and u will have to furnish tax returns for the interview

u need to prove thru every possible way that u r married (bona fida) and relationship is real 

they will look at taxes to see if u file as married

hi jeanine i called another HR and he said file MFS...so we are good...i wont get deduction though because no ITIN..at least will be safe for interview at casa :0

[TVQT1993 20]

44 minutes ago, Afghanguy said:

 

 

i just called hr block again and told her about that IRS link she said she knows about it...in order to do that she has to be here so we can get a ITIN # for her but she is not in USA...she said file single

 

HR block is wrong, you cannot file as single. Your wife is the one applying for an ITIN via Form W-7 so she either has to be present at the IRS local office, or do it by mail. The tricky part is that she needs a reason to have an ITIN, typically due to a tax return filing requirement. What I did was give Form 1040 and W-7 to my wife to sign, and brought them back with me, along with her passport, to file. ITIN's can take a long time during tax season, so you might want to file for an extension of time to file. That would give you until October 16, 2023 to file a 2022 Form 1040.

 

Here was our timeline:

 

1/23/2023: Mailed package to IRS ITIN processing center in Austin Texas via USPS certified mail. Package included Form 1040 married filing jointly (With my SSN as primary, and her SSN/ITIN field blank), a statement that we are making an election under IRC 6013(g) to treat my wife as a resident alien for the purpose of our U.S. tax return, Form W-7 applying for ITIN, and her foreign passport (to prove foreign status).

 

1/27/2023: Package received and signed for by IRS Austin.

 

3/8/2023: Received Notice CP565, dated 3/3, assigning my wife an ITIN.

 

3/13/2023: Received Notice 14433 Return of Documents and her passport back.

 

4/6/2023: IRS transcripts showed our Form 1040 was posted. Refund was approved and scheduled to go out on 4/13.

 

 

[Afghanguy 6]

1 minute ago, TVQT1993 said:

 

HR block is wrong, you cannot file as single. Your wife is the one applying for an ITIN via Form W-7 so she either has to be present at the IRS local office, or do it by mail. The tricky part is that she needs a reason to have an ITIN, typically due to a tax return filing requirement. What I did was give Form 1040 and W-7 to my wife to sign, and brought them back with me, along with her passport, to file. ITIN's can take a long time during tax season, so you might want to file for an extension of time to file. That would give you until October 16, 2023 to file a 2022 Form 1040.

 

Here was our timeline:

 

1/23/2023: Mailed package to IRS ITIN processing center in Austin Texas via USPS certified mail. Package included Form 1040 married filing jointly (With my SSN as primary, and her SSN/ITIN field blank), a statement that we are making an election under IRC 6013(g) to treat my wife as a resident alien for the purpose of our U.S. tax return, Form W-7 applying for ITIN, and her foreign passport (to prove foreign status).

 

1/27/2023: Package received and signed for by IRS Austin.

 

3/8/2023: Received Notice CP565, dated 3/3, assigning my wife an ITIN.

 

3/13/2023: Received Notice 14433 Return of Documents and her passport back.

 

4/6/2023: IRS transcripts showed our Form 1040 was posted. Refund was approved and scheduled to go out on 4/13.

 

 

Hey bud.

 

I called another HR block and he told me to file as Married F separate which should be ok for me as someone told me during interview they will look at my tax returns to make sure I filed as married and not single. In terms of deduction I wont get it because she is not in USA...but as long as i can do MFS I am ok yes?

[TVQT1993 20]

1 minute ago, Afghanguy said:

Hey bud.

 

I called another HR block and he told me to file as Married F separate which should be ok for me as someone told me during interview they will look at my tax returns to make sure I filed as married and not single. In terms of deduction I wont get it because she is not in USA...but as long as i can do MFS I am ok yes?

She doesn't have to be in the USA, an election under IRC 6013(g) recognizes one spouse as foreign and elects to treat them as a resident, solely for tax purposes.

 

But yes you are okay to file MFS. In the future, when she has a valid ITIN or SSN, you could amend your 2022 tax return to MFJ to claim the additional deduction. Generally, you'd have 3 years to amend the return.

 

https://www.irs.gov/taxtopics/tc160

 

Quote

Generally, you must file a claim for a credit or refund within three years from the date you filed your original tax return or two years from the date you paid the tax, whichever is later. If you file a claim after the three-year period, but within two years from the time you paid the tax, the credit or refund cannot be more than the tax you paid within the two years immediately before you filed the claim. See Publication 556, Examination of Returns, Appeal Rights, and Claims for Refund, for more information.

 

[Afghanguy 6]

24 minutes ago, TVQT1993 said:

She doesn't have to be in the USA, an election under IRC 6013(g) recognizes one spouse as foreign and elects to treat them as a resident, solely for tax purposes.

 

But yes you are okay to file MFS. In the future, when she has a valid ITIN or SSN, you could amend your 2022 tax return to MFJ to claim the additional deduction. Generally, you'd have 3 years to amend the return.

 

https://www.irs.gov/taxtopics/tc160

 

 

She doesn't have to be in the USA, an election under IRC 6013(g) recognizes one spouse as foreign and elects to treat them as a resident, solely for tax purposes.

 

I will still need a ITIN # in order to get deduction right? so like u mentioned I will just do MFS and later down the road amend it. thanks

[TVQT1993 20]

13 minutes ago, Afghanguy said:

I will still need a ITIN # in order to get deduction right? so like u mentioned I will just do MFS and later down the road amend it. thanks

Yeah, she'd still need an ITIN or SSN.

Edited April 12, 2023 by TVQT1993