Taxes Question - Married last year

[26brian 0]

Hello,

Background: My wife and I were married last year in August 2009. Our son was born in December 2009. They live in Thailand right now while our visa is being processed. She did work for Thai Airways at the airport but quit in March 2009. She did not earn enough money for her to file taxes in Thailand. I live in the US right now. I have filed for a tax extension. I am using TurboTax to file. (Not sure if there is a better option elsewhere, but it has my previous year's information already)

There is a similar topic on here, but my situation may be different. http://www.visajourney.com/forums/topic/170514-income-tax-filing-newly-married/

The two options that were mentioned in that topic were: Married filing jointly and Married filing separately. Also they talked about a W-7 for a Individual Taxpayer Identification Number (ITIN).

It sounds like married filing jointly is the better option, but then I would need to file for a ITIN right? Which do I choose? Is there any other things I may be missing? Any additional info you need from me, I'll gladly oblige.

Maybe I'm on the right track, but maybe I'm not thinking of something. Any help would be greatly appreciated.

Thank you,

Brian

[nab 74]

Hello,

Background: My wife and I were married last year in August 2009. Our son was born in December 2009. They live in Thailand right now while our visa is being processed. She did work for Thai Airways at the airport but quit in March 2009. She did not earn enough money for her to file taxes in Thailand. I live in the US right now. I have filed for a tax extension. I am using TurboTax to file. (Not sure if there is a better option elsewhere, but it has my previous year's information already)

There is a similar topic on here, but my situation may be different. http://www.visajourney.com/forums/topic/170514-income-tax-filing-newly-married/

The two options that were mentioned in that topic were: Married filing jointly and Married filing separately. Also they talked about a W-7 for a Individual Taxpayer Identification Number (ITIN).

It sounds like married filing jointly is the better option, but then I would need to file for a ITIN right? Which do I choose? Is there any other things I may be missing? Any additional info you need from me, I'll gladly oblige.

Maybe I'm on the right track, but maybe I'm not thinking of something. Any help would be greatly appreciated.

Thank you,

Brian

turbotax is fine. taxcut too. there are also free versions online if you make under 50k.

married filing jointly, dont forget to include her income on your tax return.

when you file your return, include the form W-7 and they will issue her an ITIN. that can be used as substitute SS# in financial situations such as opening bank accounts... it does NOT entitle her to to get a job.

on the "which do i choose?" i'm not sure what you are asking... which filing status? only you can decide that. depends on whether you want to get her an ITIN, depends on if her income will bump you into another tax bracket. just a note though: some will tell you that you dont have to include her income becasue there is no tracking but dont take a chance, do the right thing so you dont get burned.

[AdamW 2]

Yes, get her an ITIN, you will need to send a notarized copy of her passport with the W-7 as proof she exist. The reason I am saying this is because I went through this while obtaining my wife an ITIN. We were married December 2, 2009 and I filed together and not separate because of my income. One more thing, be sure your notary is authorized in the USA when you get her passport copy notarized. Simple process for an ITIN and yes I used Turbo Tax as well. You can file single and do an amended return when she obtains her SSN as well so you do not have to do the ITIN. Many people will tell you that you can not do this but you most certainly can. Don't really know your income status but filing together helps in most cases.

[nab 74]

Yes, get her an ITIN, you will need to send a notarized copy of her passport with the W-7 as proof she exist. The reason I am saying this is because I went through this while obtaining my wife an ITIN. We were married December 2, 2009 and I filed together and not separate because of my income. One more thing, be sure your notary is authorized in the USA when you get her passport copy notarized. Simple process for an ITIN and yes I used Turbo Tax as well. You can file single and do an amended return when she obtains her SSN as well so you do not have to do the ITIN. Many people will tell you that you can not do this but you most certainly can. Don't really know your income status but filing together helps in most cases.

state your IRS source please.

if you are single on dec 31, even if you were married entire year, you MUST file single, not married.

if you are married on dec 31, even if you were single entire year, you must file married (or 'possibly' head of household); you can NOT file single.

[AdamW 2]

state your IRS source please.

if you are single on dec 31, even if you were married entire year, you MUST file single, not married.

if you are married on dec 31, even if you were single entire year, you must file married (or 'possibly' head of household); you can NOT file single.

Calm down dude. Many people have to file this way due to circumstances. That is why they have the option to file an amended return. If he has to file single then pay any taxes he thinks he owes. Are you a tax attorney?? LOL Life is not complicated and taxes shouldn't cause such concern on your part. He will not go to jail.

[nab 74]

Calm down dude. Many people have to file this way due to circumstances. That is why they have the option to file an amended return. If he has to file single then pay any taxes he thinks he owes. Are you a tax attorney?? LOL Life is not complicated and taxes shouldn't cause such concern on your part. He will not go to jail.

there are MANY things which are illegal for which a person "will not go to jail", but that does NOT make it legal and suggestions of illegal activities are against TOS on VJ.

[Kathryn41 3,205]

Baiting and aggressive personal attack post has been removed.

The OP is well advised to seek the services of a knowledgeable tax consultant familiar with immigration situations. Basically, if you are married, you cannot file as single but there are tax avenues you can use to file your taxes properly. You can also call the IRS tax help line or send them an email explaining your exact situation and asking them for input.

Yes, it is a violation of TOS to suggest any activity that includes filing false information with any government agency, not just immigration.

[AdamW 2]

Baiting and aggressive personal attack post has been removed.

The OP is well advised to seek the services of a knowledgeable tax consultant familiar with immigration situations. Basically, if you are married, you cannot file as single but there are tax avenues you can use to file your taxes properly. You can also call the IRS tax help line or send them an email explaining your exact situation and asking them for input.

Yes, it is a violation of TOS to suggest any activity that includes filing false information with any government agency, not just immigration.

Was not suggesting anything illegal. Have a nice day.

[26brian 0]

Thanks for the information. It sounds like the W-7 and ITIN for my wife is the way to go, but talking with a tax consultant or IRS help line as well might help find the best option.

[nab 74]

Thanks for the information. It sounds like the W-7 and ITIN for my wife is the way to go, but talking with a tax consultant or IRS help line as well might help find the best option.

yes. if you call 800-829-1040 they will actually walk you through questions and tell you exactly what forms to file if you're not used to doing your own taxes.

since you need to do a w-7 you will need to do a paper return rather than online/electronic version. you caan print the forms out from IRS website.

the ITIN is handy becasue we seem to use SSN for many things it was not originally intended so after that is rec'd you can use that until spouse can get the SSN.

[rin and john 71]

Thanks for the information. It sounds like the W-7 and ITIN for my wife is the way to go, but talking with a tax consultant or IRS help line as well might help find the best option.

Rin and I married in Thailand. Went the W-7/ITIN route (married October 2006, did not have her SSN until 2008) Took her passport to the US Embassy - US Citizen Services - and they made a notarized copy with a stamp from the embassy. Used it when I submitted our taxes (had to send the completed return and the W-7 to Dallas; they took about 8 to 10 weeks to process the ITIN, then forwarded the return for processing). Took almost three months to get our return.

http://bangkok.usembassy.gov/service/notarial-services.html

[26brian 0]

I have another question: My income was less than $12k for last year. Would it be easier for me and my wife to file as Married Filing Separately?

I called the IRS number, and was informed that if I were to file separately from her, she would not have to file anything or do anything on her end. I would just file separately here. I have heard filing together might save me some more money, but in my case since my income last year was so low, it might not be worth all the trouble.

If I were to file together, I would have to:

-file the W-7

-my tax return

-declaration letter stating my wife wishes to be treated as a US Citizen for the tax year

-have that letter signed by myself and my wife, so we would have to mail it back and forth

I'm not saying the money isn't important (if I were to get a higher refund by filing together), I'm just saying it might be easier for my wife and I to just file separately.

Am I overlooking something?

[nab 74]

I have another question: My income was less than $12k for last year. Would it be easier for me and my wife to file as Married Filing Separately?

I called the IRS number, and was informed that if I were to file separately from her, she would not have to file anything or do anything on her end. I would just file separately here. I have heard filing together might save me some more money, but in my case since my income last year was so low, it might not be worth all the trouble.

If I were to file together, I would have to:

-file the W-7

-my tax return

-declaration letter stating my wife wishes to be treated as a US Citizen for the tax year

-have that letter signed by myself and my wife, so we would have to mail it back and forth

I'm not saying the money isn't important (if I were to get a higher refund by filing together), I'm just saying it might be easier for my wife and I to just file separately.

Am I overlooking something?

whatever is easiest for you and your situation is best, not everyone is same.

the benefit of ITIN is that in our society here people use their SS# for many things it is not meant so companies/agencies want it for doing business (i.e. insurance companies etc) so you can either tell them "issue an ID number", or "SS# is for income purposes only" and refuse to supply, or you can supply them an ITIN. for banks, if you have an interest bearing account, they will want a SS#, but you can use an ITIN instead, or you can fill out form W-8BEN and use neither a SS# or ITIN.

the only real need for a SS# is a job and an ITIN doesnt give authority to work.

[rin and john 71]

I have another question: My income was less than $12k for last year. Would it be easier for me and my wife to file as Married Filing Separately?

I called the IRS number, and was informed that if I were to file separately from her, she would not have to file anything or do anything on her end. I would just file separately here. I have heard filing together might save me some more money, but in my case since my income last year was so low, it might not be worth all the trouble.

If I were to file together, I would have to:

-file the W-7

-my tax return

-declaration letter stating my wife wishes to be treated as a US Citizen for the tax year

-have that letter signed by myself and my wife, so we would have to mail it back and forth

I'm not saying the money isn't important (if I were to get a higher refund by filing together), I'm just saying it might be easier for my wife and I to just file separately.

Am I overlooking something?

It would be easier to file separately, but not necessarily better financially. If you file "married filing jointly", you will have to go the W-7 route and get the ITIN. You will also have to count your spouse's income (you will be taxed based on worldwide income, jointly). However, your spouse's income will be eligible for the foreign income exclusion. Read here:

http://www.irs.gov/n...=108276,00.html

If she made less than $91,400, then you would probably be better off to file MFJ and use the foreign income exclusion.

There are also a couple of more links at the bottom of the above link that would be worthwhile for you to read.

Edited August 28, 2010 by rin and john

[belinda63 3,038]

Without reading all of the posts what we did since he did not start working in the US until the next year and since he had lived in the US less than 6 months was file married but separate. Since all of his income was from another country he did not need to file a return.