Income Taxes and the Newly Married

[Dillan 0]

Hi,

I was married in November 2008. Since it's that time of year, I preparing to file income taxes.

I read some of the previous posts, and the responses varied the gamut of filing married filing jointly or separately or just single. I still have some questions or doubts about how and what to file since my wife and her child are still in Colombia. She had no U.S. income and no SSN or TIN, Taxpayer Identification Number.

I know if I file married filing jointly, I have to obtain a Taxpayer Identification Number for my wife. My understanding is that it's not worth it to file separately.

Also, a friend of mine (who was in the same situation) filed married filing jointly last year, and the IRS dunned him for his error. He claimed that he had to file married filing separately. H+R Block did his taxes but didn't accept responsibility for the error. I'm not 100% clear on what the IRS claimed was his error, but I think it was for filing jointly.

Do you think we're eligible to file married filing jointly for 2008 income tax even though she's not in the U.S.?

Thanks in advance

[Y's_habibitk 2]

check this for reg's

http://www.irs.gov/publications/p504/ar02.html

[stet5811 0]

Hi,

I was married in November 2008. Since it's that time of year, I preparing to file income taxes.

I read some of the previous posts, and the responses varied the gamut of filing married filing jointly or separately or just single. I still have some questions or doubts about how and what to file since my wife and her child are still in Colombia. She had no U.S. income and no SSN or TIN, Taxpayer Identification Number.

I know if I file married filing jointly, I have to obtain a Taxpayer Identification Number for my wife. My understanding is that it's not worth it to file separately.

Also, a friend of mine (who was in the same situation) filed married filing jointly last year, and the IRS dunned him for his error. He claimed that he had to file married filing separately. H+R Block did his taxes but didn't accept responsibility for the error. I'm not 100% clear on what the IRS claimed was his error, but I think it was for filing jointly.

Do you think we're eligible to file married filing jointly for 2008 income tax even though she's not in the U.S.?

Thanks in advance

This is from the IRS website.

"Nonresident alien. To file a joint return, at least one of you must be a U.S. citizen or resident alien at the end of the tax year. If either of you was a nonresident alien at any time during the tax year, you can file a joint return only if you agree to treat the nonresident spouse as a resident of the United States. This means that your combined worldwide incomes are subject to U.S. income tax. These rules are explained in Publication 519, U.S. Tax Guide for Aliens."

[rin and john 71]

Hi,

I was married in November 2008. Since it's that time of year, I preparing to file income taxes.

I read some of the previous posts, and the responses varied the gamut of filing married filing jointly or separately or just single. I still have some questions or doubts about how and what to file since my wife and her child are still in Colombia. She had no U.S. income and no SSN or TIN, Taxpayer Identification Number.

I know if I file married filing jointly, I have to obtain a Taxpayer Identification Number for my wife. My understanding is that it's not worth it to file separately.

Also, a friend of mine (who was in the same situation) filed married filing jointly last year, and the IRS dunned him for his error. He claimed that he had to file married filing separately. H+R Block did his taxes but didn't accept responsibility for the error. I'm not 100% clear on what the IRS claimed was his error, but I think it was for filing jointly.

Do you think we're eligible to file married filing jointly for 2008 income tax even though she's not in the U.S.?

Thanks in advance

I married Rin in October 2006. She arrived in USA April 2007. I filed "married filing jointly" for TY 2006. When you submit your 1040, it has to be submitted concurrently with an ITIN request (W-7). The 1040 and W-7 get mailed together to an address in Texas. They assign an ITIN and forward it to the tax revenue department to process your return. Took us an extra three months to get our refund, but worth it over filling MFS. (FYI - you will not be able to file electronically)

You will need proof of foreign status.

"What documents are acceptable as proof of identity and foreign status?<a href="http://" target="_blank"></a>

IRS has streamlined the number of documents the agency will accept as proof of identity to obtain an ITIN. There are now 13 acceptable documents.

An original, or a certified or notarized copy, of an UNEXPIRED passport is the only document that is accepted for both identity and foreign status. If you do not have a passport, you must provide a combination of current documents that contain expiration dates - we accept documents issued within 12 months of the application if no expiration date is normally available. The documents must also show your name and photograph, and support your claim of foreign status.

IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:

• National identification card (must show photo, name, current address, date of birth, and expiration date)
• U.S. driver's license
• Civil birth certificate
• Foreign driver's license
• U.S. state identification card
• Foreign voter's registration card
• U.S. military identification card
• Foreign military identification card
• Visa
• U.S. Citizenship and Immigration Services (USCIS) photo identification
• Medical records (dependents - under 14 years old only)
• School records (dependents and/or students - under 18 years old - only)"

We took Rin's passport and our marriage certificate to the US embassy in Bangkok. They knew exactly what we needed and gave us a form (basically a notarized document) stating that we were married and that she agreed to be treated as a resident (for tax purposes). Read Pub 519 for making this declaration.

John

Edited January 13, 2009 by rin and john

[Old Dominion 26]

If she is awaiting a visa to come to the U.S., she has no legal standing in this country yet. She is not even a nonresident alien. So, you can't file jointly as she is not eligible for a TIN.

[rin and john 71]

If she is awaiting a visa to come to the U.S., she has no legal standing in this country yet. She is not even a nonresident alien. So, you can't file jointly as she is not eligible for a TIN.

Wrong. If she is married to a USC, she can be declared as a "resident" for tax purposes although she has never set foot in the USA. My wife did (see first line of my post above!).

Edited January 13, 2009 by rin and john

[rin and john 71]

From IRS publication 519:

"Nonresident Spouse Treated as a Resident

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

If you file a joint return under this provision, the special instructions and restrictions for dual-status taxpayers in chapter 6 do not apply to you.

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.

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 your tax year, and that you choose to be treated as U.S. residents for the entire tax year.

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.)

Amended return. You generally make this choice when you file your joint return. However, you can also make the choice by filing a joint amended return on Form 1040X. Attach Form 1040, Form 1040A, or Form 1040EZ and print "Amended" across the top of the corrected return. If you make the choice with an amended return, you and your spouse must also amend any returns that you may have filed after the year for which you made the choice.

You generally must file the amended joint return within 3 years from the date you filed your original U.S. income tax return or 2 years from the date you paid your income tax for that year, whichever is later."

For those who failed to do so; an amended return might provide a refund - particularly if in the tax year under consideration the foreign spouse had little or no foreign income.

Edited January 13, 2009 by rin and john

[geezer 1]

Hi,

I was married in November 2008. Since it's that time of year, I preparing to file income taxes.

I read some of the previous posts, and the responses varied the gamut of filing married filing jointly or separately or just single. I still have some questions or doubts about how and what to file since my wife and her child are still in Colombia. She had no U.S. income and no SSN or TIN, Taxpayer Identification Number.

I know if I file married filing jointly, I have to obtain a Taxpayer Identification Number for my wife. My understanding is that it's not worth it to file separately.

Also, a friend of mine (who was in the same situation) filed married filing jointly last year, and the IRS dunned him for his error. He claimed that he had to file married filing separately. H+R Block did his taxes but didn't accept responsibility for the error. I'm not 100% clear on what the IRS claimed was his error, but I think it was for filing jointly.

Do you think we're eligible to file married filing jointly for 2008 income tax even though she's not in the U.S.?

Thanks in advance

You need to file the W-7 and the copies of the documents requested with your tax return. A notarized copy of her passport is best because it proves both date of birth and citizenship. The ITIN will then be assigned.

File jointly and you will save.

I've been doing this the last four tax years without no problem once we got the ITIN assigned.

[itty_bitty 0]

Hi,

I was married in November 2008. Since it's that time of year, I preparing to file income taxes.

I read some of the previous posts, and the responses varied the gamut of filing married filing jointly or separately or just single. I still have some questions or doubts about how and what to file since my wife and her child are still in Colombia. She had no U.S. income and no SSN or TIN, Taxpayer Identification Number.

I know if I file married filing jointly, I have to obtain a Taxpayer Identification Number for my wife. My understanding is that it's not worth it to file separately.

Also, a friend of mine (who was in the same situation) filed married filing jointly last year, and the IRS dunned him for his error. He claimed that he had to file married filing separately. H+R Block did his taxes but didn't accept responsibility for the error. I'm not 100% clear on what the IRS claimed was his error, but I think it was for filing jointly.

Do you think we're eligible to file married filing jointly for 2008 income tax even though she's not in the U.S.?

Thanks in advance

I married Rin in October 2006. She arrived in USA April 2007. I filed "married filing jointly" for TY 2006. When you submit your 1040, it has to be submitted concurrently with an ITIN request (W-7). The 1040 and W-7 get mailed together to an address in Texas. They assign an ITIN and forward it to the tax revenue department to process your return. Took us an extra three months to get our refund, but worth it over filling MFS. (FYI - you will not be able to file electronically)

You will need proof of foreign status.

"What documents are acceptable as proof of identity and foreign status?<a href="http://" target="_blank"></a>

IRS has streamlined the number of documents the agency will accept as proof of identity to obtain an ITIN. There are now 13 acceptable documents.

An original, or a certified or notarized copy, of an UNEXPIRED passport is the only document that is accepted for both identity and foreign status. If you do not have a passport, you must provide a combination of current documents that contain expiration dates - we accept documents issued within 12 months of the application if no expiration date is normally available. The documents must also show your name and photograph, and support your claim of foreign status.

IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:

• National identification card (must show photo, name, current address, date of birth, and expiration date)
• U.S. driver's license
• Civil birth certificate
• Foreign driver's license
• U.S. state identification card
• Foreign voter's registration card
• U.S. military identification card
• Foreign military identification card
• Visa
• U.S. Citizenship and Immigration Services (USCIS) photo identification
• Medical records (dependents - under 14 years old only)
• School records (dependents and/or students - under 18 years old - only)"

We took Rin's passport and our marriage certificate to the US embassy in Bangkok. They knew exactly what we needed and gave us a form (basically a notarized document) stating that we were married and that she agreed to be treated as a resident (for tax purposes). Read Pub 519 for making this declaration.

John

Our situation is pretty much the same except that my W-7 application was denied due to insufficient documents. We filed our 2007 tax return as married filing jointly and the w-7 was submitted along with it. We later got a note that the W-7 was rejected. So what was the status of our 2007 tax return? was it still considered married filing jointly or what?

[rin and john 71]

Hi,

I was married in November 2008. Since it's that time of year, I preparing to file income taxes.

I read some of the previous posts, and the responses varied the gamut of filing married filing jointly or separately or just single. I still have some questions or doubts about how and what to file since my wife and her child are still in Colombia. She had no U.S. income and no SSN or TIN, Taxpayer Identification Number.

I know if I file married filing jointly, I have to obtain a Taxpayer Identification Number for my wife. My understanding is that it's not worth it to file separately.

Also, a friend of mine (who was in the same situation) filed married filing jointly last year, and the IRS dunned him for his error. He claimed that he had to file married filing separately. H+R Block did his taxes but didn't accept responsibility for the error. I'm not 100% clear on what the IRS claimed was his error, but I think it was for filing jointly.

Do you think we're eligible to file married filing jointly for 2008 income tax even though she's not in the U.S.?

Thanks in advance

I married Rin in October 2006. She arrived in USA April 2007. I filed "married filing jointly" for TY 2006. When you submit your 1040, it has to be submitted concurrently with an ITIN request (W-7). The 1040 and W-7 get mailed together to an address in Texas. They assign an ITIN and forward it to the tax revenue department to process your return. Took us an extra three months to get our refund, but worth it over filling MFS. (FYI - you will not be able to file electronically)

You will need proof of foreign status.

"What documents are acceptable as proof of identity and foreign status?<a href="http://" target="_blank"></a>

IRS has streamlined the number of documents the agency will accept as proof of identity to obtain an ITIN. There are now 13 acceptable documents.

An original, or a certified or notarized copy, of an UNEXPIRED passport is the only document that is accepted for both identity and foreign status. If you do not have a passport, you must provide a combination of current documents that contain expiration dates - we accept documents issued within 12 months of the application if no expiration date is normally available. The documents must also show your name and photograph, and support your claim of foreign status.

IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:

• National identification card (must show photo, name, current address, date of birth, and expiration date)
• U.S. driver's license
• Civil birth certificate
• Foreign driver's license
• U.S. state identification card
• Foreign voter's registration card
• U.S. military identification card
• Foreign military identification card
• Visa
• U.S. Citizenship and Immigration Services (USCIS) photo identification
• Medical records (dependents - under 14 years old only)
• School records (dependents and/or students - under 18 years old - only)"

We took Rin's passport and our marriage certificate to the US embassy in Bangkok. They knew exactly what we needed and gave us a form (basically a notarized document) stating that we were married and that she agreed to be treated as a resident (for tax purposes). Read Pub 519 for making this declaration.

John

Our situation is pretty much the same except that my W-7 application was denied due to insufficient documents. We filed our 2007 tax return as married filing jointly and the w-7 was submitted along with it. We later got a note that the W-7 was rejected. So what was the status of our 2007 tax return? was it still considered married filing jointly or what?

Itty_bitty - If they rejected your husband's filing status may have been changed for MFJ to MFS. Now that you have your SSN, I suggest you file an amended return for 2007 with the MFJ status. You may want to contact the IRS about your 2007 return (check their website for an office near you). This may have affected your e-filing (from your other post) as the return may have changed once the IRS received it without the MFJ status (since the W-7 was rejected).

John

[Dillan 0]

Hi,

I was married in November 2008. Since it's that time of year, I preparing to file income taxes.

I read some of the previous posts, and the responses varied the gamut of filing married filing jointly or separately or just single. I still have some questions or doubts about how and what to file since my wife and her child are still in Colombia. She had no U.S. income and no SSN or TIN, Taxpayer Identification Number.

I know if I file married filing jointly, I have to obtain a Taxpayer Identification Number for my wife. My understanding is that it's not worth it to file separately.

Also, a friend of mine (who was in the same situation) filed married filing jointly last year, and the IRS dunned him for his error. He claimed that he had to file married filing separately. H+R Block did his taxes but didn't accept responsibility for the error. I'm not 100% clear on what the IRS claimed was his error, but I think it was for filing jointly.

Do you think we're eligible to file married filing jointly for 2008 income tax even though she's not in the U.S.?

Thanks in advance

I married Rin in October 2006. She arrived in USA April 2007. I filed "married filing jointly" for TY 2006. When you submit your 1040, it has to be submitted concurrently with an ITIN request (W-7). The 1040 and W-7 get mailed together to an address in Texas. They assign an ITIN and forward it to the tax revenue department to process your return. Took us an extra three months to get our refund, but worth it over filling MFS. (FYI - you will not be able to file electronically)

You will need proof of foreign status.

"What documents are acceptable as proof of identity and foreign status?<a href="http://" target="_blank"></a>

IRS has streamlined the number of documents the agency will accept as proof of identity to obtain an ITIN. There are now 13 acceptable documents.

An original, or a certified or notarized copy, of an UNEXPIRED passport is the only document that is accepted for both identity and foreign status. If you do not have a passport, you must provide a combination of current documents that contain expiration dates - we accept documents issued within 12 months of the application if no expiration date is normally available. The documents must also show your name and photograph, and support your claim of foreign status.

IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:

• National identification card (must show photo, name, current address, date of birth, and expiration date)
• U.S. driver's license
• Civil birth certificate
• Foreign driver's license
• U.S. state identification card
• Foreign voter's registration card
• U.S. military identification card
• Foreign military identification card
• Visa
• U.S. Citizenship and Immigration Services (USCIS) photo identification
• Medical records (dependents - under 14 years old only)
• School records (dependents and/or students - under 18 years old - only)"

We took Rin's passport and our marriage certificate to the US embassy in Bangkok. They knew exactly what we needed and gave us a form (basically a notarized document) stating that we were married and that she agreed to be treated as a resident (for tax purposes). Read Pub 519 for making this declaration.

John

Our situation is pretty much the same except that my W-7 application was denied due to insufficient documents. We filed our 2007 tax return as married filing jointly and the w-7 was submitted along with it. We later got a note that the W-7 was rejected. So what was the status of our 2007 tax return? was it still considered married filing jointly or what?

What documents did you supply in conjunction with the W-7?