Taxes and Removing Conditions...

[antda 13]

Hi Everyone,

Good luck on your immigration journeys! Anyways, I was wondering about filing taxes in the US and how it would affect the removing of conditions paperwork that I have to fill out later, as it requires copies of tax returns. I have been a legal US resident here since November 2006, but made no income between then and the end of 2006. So do I still have to file my US taxes for 2006, even though I had no income? If so, how will this affect the removing of conditions paperwork that I have to file later on (for example, in terms of submitting tax returns)?

Any suggestions, ideas, or thoughts would be appreciated. Thanks.

Ant

Edited February 6, 2007 by antocru

[YuAndDan 153]

Joint filing with spouse?

[antda 13]

Hi YuAndDan and Everyone Else,

Lol...I have thought about joint filing with my spouse, but there's one problem: my spouse doesn't file taxes, because of their situation (and yes, it's legal, but I can't get into the specifics of it here on VJ). So am I then to file my own taxes? Ugggh...Help....

Ant

Joint filing with spouse?

Edited February 6, 2007 by antocru

[antda 13]

Hi Everyone,

Hmmm....I think I might have found part of my answer on the IRS website...lol...I guess my answer would be "no" then....

Nevertheless, feel free to post any suggestions, thoughts, or ideas, regarding my situation listed above/below. I'm sure some VJs can offer more insight than the IRS....

Ant

From the IRS Website www.irs.gov

Do You Need to File a Federal Income Tax Return?

Many people will file a 2006 Federal income tax return even though the income on the return was below the filing requirement. The questions below will help you determine if you need to file a Federal Income Tax return or if you need to stop your withholding so you will not have to file an unnecessary return in the future.

The Internal Revenue Service is providing this information as a part of our customer service and outreach efforts to Reduce Taxpayer Burden and Processing Costs. Changing your withholding and/or not filing Unnecessary Returns will save both you and the government time and money.

Even if you do not have to file a return, you should file one to get a refund of any Federal Income Tax withheld.

To determine if you need to file a Federal Income Tax return for 2006 answer the following questions:

Occasionally, individuals have one-time or infrequent financial transactions that may require them to file a Federal Income Tax return. Do any of the following examples apply to you?

Did you have Federal taxes withheld from your pension and wages for this tax year and wish to get a refund back?

Are you entitled to the Earned Income Tax Credit or did you receive Advance Earned Income Credit for this tax year?

Were you self-employed with earnings of more than $400.00?

Did you sell your home?

Will you owe any special tax on a qualified retirement plan (including an individual retirement account (IRA) or medical savings account (MSA)? You may owe tax if you:

Received an early distribution from a qualified plan

Made excess contributions to your IRA or MSA

Were born before July 1, 1935, and you did not take the minimum required distribution from your qualified retirement plan.

Received a distribution in the excess of $160,000 from a qualified retirement plan.

Will you owe social security and Medicare tax on tips you did not report to your employer?

Will you owe uncollected social security and Medicare or Railroad retirement (RRTA) tax on tips you reported to your employer?

Will you be subject to Alternative Minimum Tax (AMT)? (The tax law gives special treatment to some kinds of income and allows special deductions and credit for some kinds of expenses.)

Will you owe recapture tax?

Are you a church employee with income in wages of $108.28 or more from a church or qualified church-controlled organization that is exempt from employer social security or Medicare taxes?

Do one or more of the preceding situations apply to your filing requirements?

Yes | No

[lucyrich 20]

A few don'ts. Don't file as single if you are in fact married. Don't fail to file taxes if your income is above the limit that would require tax filing. Don't let your spouse fail to file taxes if your spouse's income is above the limit that would require filing.

If you or your spouse file, be sure and check one of the married boxes for your filing status. File the way that is cheapest for the two of you as a couple. Often, that's "married filing jointly", but not always.

Even if the two of you are not legally required to file, you may be able to file. Filing won't increase the tax the two of you need to pay, and if any small amount was withheld, filing may allow you to get that money back.

I don't understand your spouse's situation, though. I know you don't want to get into it, but virtually all US Citizens have to file if they make over the minimum income requirement. If a USC doesn't make enough income to be required to file taxes, then that person won't qualify to file an affidavit of support, so I'm guessing you must've had to line up a joint sponsor. You don't have to explain it here on VJ, but you should have an explanation ready in case the immigration authorities question it (or if the IRS questions it).

[tammiandtom 0]

Wow you won't even be filing the I-751 until Aug. 08, you are on the ball.

All I can say is that when I was a student and did not work, I did not file any income taxes since I had no income.

If you are worried about proof for the removal of conditions will you be working in 07 at all? Then you could show your income taxes for 07 with your application in 08.

[antda 13]

Hi Lucyrich,

Good luck on your immigration journey. Thanks for your reply. I agree, I would definately not file "single" if I was "married", now that wouldn't make much sense and it would be illegal, wouldn't it? What I meant was filing my taxes separately, but filing as "married", even though I have no income in the USA.

As for my spouse's situation, we're ok with it (and yes, we did check up on that with the IRS), and like I said before, it is legal and we would not be in trouble regarding that. And yes, we did get a co-sponsor for the affidavit of support, and we did explain it to the the immigration lawyer and the immigration officers beforehand and during the AOS interview regarding that. So yeah, immigration was fine with our financial situation (hey, I got my green card, after all).

I did file taxes before (with an accountant, as I am utterly clueless in taxes and math) in Canada as a student there with no income, and got some tax credit back. I'm not sure how that works here in the USA though, as I don't think such a tax credit exists. But hey, if it means a little reward from "Uncle Sam", then why not file taxes (even though it's a big hassle and a lot of unnecessary paperwork)?

Ant

A few don'ts. Don't file as single if you are in fact married. Don't fail to file taxes if your income is above the limit that would require tax filing. Don't let your spouse fail to file taxes if your spouse's income is above the limit that would require filing.

If you or your spouse file, be sure and check one of the married boxes for your filing status. File the way that is cheapest for the two of you as a couple. Often, that's "married filing jointly", but not always.

Even if the two of you are not legally required to file, you may be able to file. Filing won't increase the tax the two of you need to pay, and if any small amount was withheld, filing may allow you to get that money back.

I don't understand your spouse's situation, though. I know you don't want to get into it, but virtually all US Citizens have to file if they make over the minimum income requirement. If a USC doesn't make enough income to be required to file taxes, then that person won't qualify to file an affidavit of support, so I'm guessing you must've had to line up a joint sponsor. You don't have to explain it here on VJ, but you should have an explanation ready in case the immigration authorities question it (or if the IRS questions it).

[antda 13]

Hi Crazieladybug,

Good luck on your immigration journey. Thanks for your reply. Well, "better to be prepared before, than to be prepared too late", I terms of filing paperwork for immigration. Actually, the funny thing is that we got married and had to plan everything for the wedding one week beforehand (as we were not expecting to get married here in the USAin the first place, but because of the family and location here in the US, we changed our plans), and rushed with the immigration paperwork (while at the same time having the fear of being deported back, yikes....). Uggh...I guess I learned from that experience to prepare ahead of time (though I don't regret that we did things last minute before though). Oh and yes, I am a procrastinator, so in order to break that habit, I think I should start by planning ahead, especially with important immigration matters.

I did file taxes before (with an accountant, as I am utterly clueless in taxes and math) in Canada as a student there with no income, and got some tax credit back. I'm not sure how that works here in the USA though, as I don't think such a tax credit exists. But hey, if it means a little reward from "Uncle Sam", then why not file taxes (even though it's a big hassle and a lot of unnecessary paperwork)?

I'm not sure if I'll be working for pay in '07 though. However, I am doing some volunteer work teaching locally here (which I enjoy very much and keeps me busy too). Meanwhile, I'll enjoy married life, continue adjusting to life in the USA, and be on the lookout for somehing if it comes up paid job wise (but chances here are quite limited where I live in a small town, oh well, there is more to life than working for money anyways).

Ant

Wow you won't even be filing the I-751 until Aug. 08, you are on the ball.

All I can say is that when I was a student and did not work, I did not file any income taxes since I had no income.

If you are worried about proof for the removal of conditions will you be working in 07 at all? Then you could show your income taxes for 07 with your application in 08.

Edited February 7, 2007 by antocru

[zyggy 9]

Hi YuAndDan and Everyone Else,

Lol...I have thought about joint filing with my spouse, but there's one problem: my spouse doesn't file taxes, because of their situation (and yes, it's legal, but I can't get into the specifics of it here on VJ). So am I then to file my own taxes? Ugggh...Help....

Ant

Joint filing with spouse?

Umm the only reason why it would be legally correct to not file taxes is if your spouse made less than the minimum filing requirements...

Is this the case for you?... it is pretty rare that one does not have to file taxes...

[meredith pa 0]

I don't know much about taxes,

nor does my husband. who is an american citizen

but this is my own experience....

My husband has used the same accountant guy for several years...

so, when I got in the US, and after we got married , after I got my SS,

it was time for taxes, and

we went to see this accoutant

he did our tax jointly, and as I didn't earn any income, in the tax paper just have me as

housewife....I didn't work that year.

So that is how the accountant does ours to this day.

The only difference is that last year I was working from home, so this time he also declared my income I guess, and

the accoutant registered a sole proprietorship in my name, so besides taxes, I also

pay estimated taxes...

so, I don't know...One thing I don't feel like learning is how to fill taxes, or estimated taxes...

that's my experience.

Meredith

Hi YuAndDan and Everyone Else,

Lol...I have thought about joint filing with my spouse, but there's one problem: my spouse doesn't file taxes, because of their situation (and yes, it's legal, but I can't get into the specifics of it here on VJ). So am I then to file my own taxes? Ugggh...Help....

Ant

Joint filing with spouse?

Umm the only reason why it would be legally correct to not file taxes is if your spouse made less than the minimum filing requirements...

Is this the case for you?... it is pretty rare that one does not have to file taxes...

[meauxna 15]

Hi YuAndDan and Everyone Else,

Lol...I have thought about joint filing with my spouse, but there's one problem: my spouse doesn't file taxes, because of their situation (and yes, it's legal, but I can't get into the specifics of it here on VJ). So am I then to file my own taxes? Ugggh...Help....

Ant

Joint filing with spouse?

Umm the only reason why it would be legally correct to not file taxes is if your spouse made less than the minimum filing requirements...

Is this the case for you?... it is pretty rare that one does not have to file taxes...

Income source?

I confess, I'm curious too.

[antda 13]

Hi Zyggy,

Good luck on your immigration journey. In answer to your question, no, making less than the minimum requirements is not the case (and I think the minimum is $400 per year anyways, how can anyone live off of that?). Yes, our case is rare (long story here, but can't get into details here on VJ). Neverhtless, from a legal standpoint, we don't have to file taxes....

Ant

Umm the only reason why it would be legally correct to not file taxes is if your spouse made less than the minimum filing requirements...

Is this the case for you?... it is pretty rare that one does not have to file taxes...

[antda 13]

Hi Meauxna,

Good luck on your immigration journey. In answer to your curiousity, the short and simple answer is: Yes, we do have an income source, but it is a non-taxable legal income source. Our case is rare (long story here, but can't get into details here on VJ), but from a legal standpoint, we don't have to file taxes....

Ant

Income source?

I confess, I'm curious too.

[antda 13]

Hi Meredith,

Good luck on your immigration journey and on your home-based business. Thanks for your reply and for sharing your personal experiences. Likewise, I guess for tax purposes, I would be "housewife", as I have not worked (I only did volunteer work, but that does not count) at all here in the USA. I agree, it's good to get an accountant, as from my experiences of doing taxes in Canada, I had to hire one (I am utterly clueless about taxes, math, and stuff like that). In Canada though, I had no income, but I filed under "student", as I was going to school at that time, and I could file for tax benefits (not sure if they have something similar in the USA though). So I was wondering if it was the same thing here in the USA, where I have to file taxes (whether it is jointly filing under married, or separately filing under married) even though I have no income. I agree, I don't feel like learning how to fill taxes either, so if I have to file, I guess I'll have to hire an accountant here in the USA too...

Ant

I don't know much about taxes, nor does my husband. who is an american citizen but this is my own experience....My husband has used the same accountant guy for several years...

so, when I got in the US, and after we got married , after I got my SS, it was time for taxes, and we went to see this accoutant he did our tax jointly, and as I didn't earn any income, in the tax paper just have me as housewife....I didn't work that year. So that is how the accountant does ours to this day. The only difference is that last year I was working from home, so this time he also declared my income I guess, and the accoutant registered a sole proprietorship in my name, so besides taxes, I also pay estimated taxes...so, I don't know...One thing I don't feel like learning is how to fill taxes, or estimated taxes...that's my experience.

Meredith

Edited February 8, 2007 by antocru