HOW SHOULD I FILE MY 2010 INCOME TAX

[yido 0]

my wife in ghana with no SSN and no any income in united states'so if i want to file my incometax do i have to file single or marreid.because she will be taking this tax document to the embassy whenever they call her for interveiew.i dont know which way to follow;and no room for any mistakes.so please help ;those who have gone throug this cr-1 process thank you

[amykathleen2005 441]

If you are not single than you should not say that you are single. You can either file jointly or married filing separately. She can get a tax ID number for the purposes of filing taxes.

[Scott and Mhay 57]

Well, the easiest way would be to file single unless you want to wait for 8-10 weeks to paper file and try to get an ITIN. I filed head of household last year and just amended my return in november. You can file single for now and then amend your return later to get more money back. You have 3 years to file an amendment.

If your wife has the interview before april 18th this year, technically you would be good using last year's return. When I did the affidavit of support for my wife last year I just send copies of my previous years returns (transcripts) and then sent my w-2 for 2009 with it too.

[Tero 105]

I am in the same boat as you. I really would like to know how to go about this

[amykathleen2005 441]

Not filing married would be considered tax fraud and could come with a prison sentence. Also how are you going to use taxes from a year you are married to show that you can be a sponsor and have it say single when the whole point of the interview is to show you have a genuine marriage? It seems counterintuitive and screams fraud.

Edited January 25, 2011 by amykathleen2005

[wendy&tamer 10]

Apply for ITIN now for your wife if you can wait...it will be less hassle then doing an amended return (which I had to do and it was a pain) later.

[Scott and Mhay 57]

You can file however you want. Filing single gives you a smaller return in most cases. They make getting an ITIN such a PITA anyway. It was impossible to get one for my wife and I didnt want to take the chance of waiting for nearly 3 months and then them not accepting the copy of her passport.

Apply for ITIN now for your wife if you can wait...it will be less hassle then doing an amended return (which I had to do and it was a pain) later.

how was it a pain? it was pretty easy using turbotax...I just have to wait forever for the return.

Not filing married would be considered tax fraud and could come with a prison sentence. Also how are you going to use taxes from a year you are married to show that you can be a sponsor and have it say single when the whole point of the interview is to show you have a genuine marriage? It seems counterintuitive and screams fraud.

My taxes showed I was married to my ex. They did not care that I didnt file my taxes yet for 2009 at the time (she had her interview 15th of April last year). Most people have been married for a short time and the only way you can file for an ITIN is by filing your taxes. This isnt for an AOS or ROC interview

Edited January 25, 2011 by Scott and Mhay

[Scott and Mhay 57]

The first step to filing your federal income tax return is to determine which filing status to use. Your filing status is used to determine your filing requirements, standard deduction, eligibility for certain credits and deductions, and your correct tax. There are five filing statuses: Single, Married Filing Jointly, Married Filing Separately, Head of Household and Qualifying Widow(er) with Dependent Child.

Here are eight facts about the five filing status options the IRS wants you to know so that you can choose the best option for your situation.

1. Your marital status on the last day of the year determines your marital status for the entire year.

2. If more than one filing status applies to you, choose the one that gives you the lowest tax obligation.

3. Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law.

(I would think most states would consider you legally separated if you dont currently live together)

4. A married couple may file a joint return together. The couple’s filing status would be Married Filing Jointly.

5. If your spouse died during the year and you did not remarry during 2010, usually you may still file a joint return with that spouse for the year of death.

6. A married couple may elect to file their returns separately. Each person’s filing status would generally be Married Filing Separately.

7. Head of Household generally applies to taxpayers who are unmarried. You must also have paid more than half the cost of maintaining a home for you and a qualifying person to qualify for this filing status.

You may be able to choose Qualifying Widow(er) with Dependent Child as your filing status if your spouse died during 2008 or 2009, you have a dependent child and you meet certain other conditions.

There’s much more information about determining your filing status in IRS Publication 501, Exemptions, Standard Deduction, and Filing Information. Publication 501 is available at http://www.irs.gov or by calling 800-TAX-FORM (800-829-3676). You can also use the Interactive Tax Assistant on the IRS website to determine your filing status. The ITA tool is a tax law resource on the IRS website that takes you through a series of questions and provides you with responses to tax law questions.

http://www.irs.gov/newsroom/article/0,,id=105098,00.html

[Tero 105]

The first step to filing your federal income tax return is to determine which filing status to use. Your filing status is used to determine your filing requirements, standard deduction, eligibility for certain credits and deductions, and your correct tax. There are five filing statuses: Single, Married Filing Jointly, Married Filing Separately, Head of Household and Qualifying Widow(er) with Dependent Child.

Here are eight facts about the five filing status options the IRS wants you to know so that you can choose the best option for your situation.

1. Your marital status on the last day of the year determines your marital status for the entire year.

2. If more than one filing status applies to you, choose the one that gives you the lowest tax obligation.

3. Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law.

(I would think most states would consider you legally separated if you dont currently live together)

4. A married couple may file a joint return together. The couple’s filing status would be Married Filing Jointly.

5. If your spouse died during the year and you did not remarry during 2010, usually you may still file a joint return with that spouse for the year of death.

6. A married couple may elect to file their returns separately. Each person’s filing status would generally be Married Filing Separately.

7. Head of Household generally applies to taxpayers who are unmarried. You must also have paid more than half the cost of maintaining a home for you and a qualifying person to qualify for this filing status.

You may be able to choose Qualifying Widow(er) with Dependent Child as your filing status if your spouse died during 2008 or 2009, you have a dependent child and you meet certain other conditions.

There’s much more information about determining your filing status in IRS Publication 501, Exemptions, Standard Deduction, and Filing Information. Publication 501 is available at http://www.irs.gov or by calling 800-TAX-FORM (800-829-3676). You can also use the Interactive Tax Assistant on the IRS website to determine your filing status. The ITA tool is a tax law resource on the IRS website that takes you through a series of questions and provides you with responses to tax law questions.

http://www.irs.gov/newsroom/article/0,,id=105098,00.html

Wow! This is quite elaborate. Thanx for the info.

[agynyame 2]

my wife in ghana with no SSN and no any income in united states'so if i want to file my incometax do i have to file single or marreid.because she will be taking this tax document to the embassy whenever they call her for interveiew.i dont know which way to follow;and no room for any mistakes.so please help ;those who have gone throug this cr-1 process thank you

Yido,

I was in the same boat you are in last year. As a matter of fact my accountant filed my tax as single although I was married in Sept. of 2009. So when I called IRS the agent said it was wrong to file as single when I was married, as a matter of fact he seemed irritated by that. He suggested I file a 1040X to amend my tax and then I had to go to the IRS website to fill the W-7. I attached the biographic page of my wife's passport to the W-7 and mailed the whole packet to ITIN Operation in Texas after I took the W-7 home to have my sign both it and the amended tax which now reflected married filing jointly. I sent this around September and I was told last week to expect the refund sometime within the next few weeks. IRS will then mail the ITIN number to your home address in the States and you can use this to file other returns until she is able to join you here. Once she comes and receives her SSN, you will have to take the ITIN form to a local IRS office to have the ITIN changed to her SSN. If you need help, send me a PM.

Here is the link to the IRS website on the W-7 and ITIN: http://www.irs.gov/individuals/article/0,,id=96287,00.html

good luck

[lori7734 6]

u can file single wen she get here and get ssn amend it that all.if u want to file jointly and get an itin number u can but this takes a bit of time

[rodceasar 34]

When I filed taxes last year, I was in fact married, however since my spouse was not in the States and did not have a Social Security number, my accountant advised that I would file Single. Upon her entering the country and obtaining a SS# and filing 2010 taxes, my accountant will amend last years filing to show I was married and the adjustment will be made. I am expecting a nice return this year although it took an extra year to get it. Nothing at all illegal by doing it this way!

[IndigoSkies 168]

There's two path for you, OP.

File as single. In this case, you taxes should be just as it was last year. Then when you wife gets here, you can have your taxes for '10 amended.

Or

You filed as married, filing jointly. In that case you will need to include Form W7 with your tax return. You will need your wife's passport copies (usually certified copies.) And you must file your taxes via paper. IRS will assign and ITIN for your wife and proceed as normal.

If your wife has no chance of coming to America before tax season is over and getting in SSN, I would recommend the second option. Not only will not have to do things later but having your wife on you Tax return is just another proof of your bona-fide marriage that you can have your wife take with her to the interview. Not a required thing but always nice to have. Good luck. Don't over-complicate life.

[J e n n y 26]

When I filed taxes last year, I was in fact married, however since my spouse was not in the States and did not have a Social Security number, my accountant advised that I would file Single. Upon her entering the country and obtaining a SS# and filing 2010 taxes, my accountant will amend last years filing to show I was married and the adjustment will be made. I am expecting a nice return this year although it took an extra year to get it. Nothing at all illegal by doing it this way!

I am planning on going the same route!

[mamamimi 8]

When I filed taxes last year, I was in fact married, however since my spouse was not in the States and did not have a Social Security number, my accountant advised that I would file Single. Upon her entering the country and obtaining a SS# and filing 2010 taxes, my accountant will amend last years filing to show I was married and the adjustment will be made. I am expecting a nice return this year although it took an extra year to get it. Nothing at all illegal by doing it this way!

Last year I did the same thing as adviced by my accountant, I filed head of household. My husband has been in the US now since November and I will file jointly for 2010 taxes. She will amend it now that he is in the country!

Edited January 25, 2011 by mamamimi