How do we File this year's taxes? As single or married?

[GS4EVER 0]

Hello and Happy Vday to our K3 family. This question goes to those of who who filed this year's taxes or plan to do so shortly. Since our spouses are not in the US yet, do we file as single or married filing separately? I tried calling my attorney, said he did not know and has to research it and to call back during the week Any help would be appreciated

[Dakine 26]

Hello and Happy Vday to our K3 family. This question goes to those of who who filed this year's taxes or plan to do so shortly. Since our spouses are not in the US yet, do we file as single or married filing separately? I tried calling my attorney, said he did not know and has to research it and to call back during the week Any help would be appreciated

Normally to your advantage to file jointly. Looks better for immigration for proof of a valid marriage. Make out a W7 from IRS and file with your taxes.

[GS4EVER 0]

Hello and Happy Vday to our K3 family. This question goes to those of who who filed this year's taxes or plan to do so shortly. Since our spouses are not in the US yet, do we file as single or married filing separately? I tried calling my attorney, said he did not know and has to research it and to call back during the week Any help would be appreciated

Normally to your advantage to file jointly. Looks better for immigration for proof of a valid marriage. Make out a W7 from IRS and file with your taxes.

Thanks for your response, but how can I file jointly if he has never even set foot in the country as of yet? He doesn't even have a social security number. Did you do it that way?

[queuedup 1]

I actually have the same question as GS4ever as well. Does your spouse have to have been in the US atleast once for you to file for a W-7??

[Dakine 26]

I actually have the same question as GS4ever as well. Does your spouse have to have been in the US atleast once for you to file for a W-7??

Nope! I filed the W7 while my wife was still in PI and she'd never visited the US. She got her ITIN with no problems.

[rin and john 71]

go to www.irs.gov and read publication 519. You can file MFJ with the W-7 and a statement that your non-resident spouse and you elect to treat them as a resident alien for tax purposes. Your spouses foreign income will be taxable as US income but an exclusion exists (believe it is form 2555 for the exclusion - I am too tired to go look).

[CaNdiD wiTcH 0]

I actually have the same question as GS4ever as well. Does your spouse have to have been in the US atleast once for you to file for a W-7??

Nope! I filed the W7 while my wife was still in PI and she'd never visited the US. She got her ITIN with no problems.

I agree.. We are going to file W7 with his 1040.. My only question is if I need to sign the 1040 as well.. It is written there that both spouses need to sign if joint return.. Any answer?

[GS4EVER 0]

go to www.irs.gov and read publication 519. You can file MFJ with the W-7 and a statement that your non-resident spouse and you elect to treat them as a resident alien for tax purposes. Your spouses foreign income will be taxable as US income but an exclusion exists (believe it is form 2555 for the exclusion - I am too tired to go look).

Thanks for everyone. Rin and John, that is exactly how I feel...tired, exhausted, emotionally spent and attorneys are never invested in this the way we are! After all they have other cases that equal $ for them but for us this is all about our other half, our emotional support who is on another continent, miles away . It's so frustrating (lol this smiley or rather girl freaking out is how I feel inside but it still makes me laugh lol ) I will be emailing him and once he's researched it, I will post his response for the rest of you.

[notime4haterz 0]

I don't get it...why does the spouse have to pay tax on their income they earned in another country? and which they already paid taxes on to that country? That makes no sense. Income not earned in the US shouldn't be taxed! Especially if the tax is already being paid to the Netherlands (in my case).

[ajayc 0]

Well i just did my taxes and my tax guy said ...... i am still single, cause my wife is not in US yet ...... they actually need the SSN of the wife to claim her as your dependent.

[rin and john 71]

Well i just did my taxes and my tax guy said ...... i am still single, cause my wife is not in US yet ...... they actually need the SSN of the wife to claim her as your dependent.

Get a new tax guy, he is wrong.

Take him tax publication 519:

http://www.irs.gov/pub/irs-pdf/p519.pdf

Have him read page 10, "Nonresident Spouse Treated as a Resident". You will need to get an ITIN for your spouse by filing a W-7. You will need a notarized/certified copy of her passport.

For signing the return, she will either have to sign it or send you power of attorney.

If you have already filed, you can submit a 1040X amended return (you have up to 3 years) with the Married filing jointly. If your spouse had little or no foreign income, it will save you alot of money. Additionally, if you wait to file the amended return until she has her SSN, then she will also qualify for the $600 recovery tax rebate.

http://www.irs.gov/newsroom/article/0,,id=186065,00.html

[prince+angel 3]

I got the same confusing comment from my accountant and from another independent tax service. I would much prefer to file as married for this year as it's financial advantageous and I think it may contribute to proof of on going relationship/marriage.

Has anyone filed single, waited until their spouse arrived to the U.S. and then ammended their tax return to married?

I agree with Narina about having to pay taxes on income twice... has anyone experienced that? Sounds like a double whammy. If your husband/spouse is a fulltime student, not employed - does that make a difference? Would they have to file a return showing no income under their ITIN #?

Its all so confusing, even most tax professionals haven't been able to clarify an answer. Maybe I'll just call the IRS but if anyone has any answers/experience - would be appreciated.... Thanks!

Well i just did my taxes and my tax guy said ...... i am still single, cause my wife is not in US yet ...... they actually need the SSN of the wife to claim her as your dependent.

[notime4haterz 0]

"tax guys" aka accountants are like immigration lawyers...useless! Last year I used one because I had a business loss that I wasn't sure how to file. He got me a tax return of $4000. When I fixed it and showed him what an idiot he was, I got back $9000.

[rin and john 71]

I don't get it...why does the spouse have to pay tax on their income they earned in another country? and which they already paid taxes on to that country? That makes no sense. Income not earned in the US shouldn't be taxed! Especially if the tax is already being paid to the Netherlands (in my case).

The spouse doesn't have to pay anything to the IRS if he/she doesn't want to declare himself/herself as a resident alien for tax purposes. If your spouse claims resident status and receive the benefit for both of you by having the lower MFJ tax rate, why shouldn't his/her income be taxed as a resident?

For your case, read up on form 2555 or 2555EZ if he made less than $87,600 (in which case all of his foreign income will be excluded - no US tax - and you will benefit from filing MFJ).

http://www.irs.gov/app/picklist/list/forms...eria=formNumber

[Waheed and Kris 0]

You are NOT single, You ARE married. If you read the instructions for the W-7 form and read publication 519, you will clearly see that you can indeed claim your spouse on your taxes. You don't need a social security number to claim your spouse that has never been in this country, You NEED an iTIN number instead.

In an email send your spouse the W-7 form, and all other tax forms you will be using that require thier signature. Ask your spouse to print them off and sign them. Then they simply mail you the forms back and then file your taxes.

peace

~kris