Taxes for AOS

[Henley1989 10]

Hi,

Ive looked around but cant find definitive answers.

I came here on a K1 in November 2015. I sent off for AOS and currently waiting for NOA2.

My wife plans to file taxes as a joint couple. Does this require anything from me? Do I file taxes? I have not worked here yet and probably wont until March this year... Bit confused if I still file even if I havnt worked. Perhaps for my work in the UK last year (even thought I paid my taxes there...

THanks

[JamnSol 35]

If you married during 2015, then it is generally to her advantage to file "married filing jointly". As you are not yet a citizen, I don't believe your foreign income is required to be reported. I am not a lawyer or tax expert though, maybe someone more knowledgeable will chime in.

YMMV

Good luck!

James

[Nich-Nick 3,354]

You may file jointly if you were married by Dec 31. This topic is dicussed often in the Tax forum. Here's a cut/paste of something I replied to another UK person yesterday--

To file jointly, you must be a resident for tax filing purposes. You are not yet a permanent resident (greencard). But because you are married to a USC, you can choose to be treated as a resident alien for all of 2015 for the purpose of filing taxes. See Pub 519 page 9 starting at the end of column 1 "Nonresident Spouse Treated as a Resident". On page 9 of Pub 519 in column 2 under "How To Make the Choice" it tells you what to write in the statement. Both of you sign it and mail that statement with a paper return. No e-filing this first year.

You must also report worldwide income for 2015 if you file jointly. That means any money you earned in the UK from Jan 1-Dec 31, 2015 is reported on Line 7 of the Form 1040 added to your husbands income. (Convert it to US dollars.)

You also file form 2555 or 2555EZ to exclude the foreign income. Your exclusion amount from Form 2555 goes on the 1040 tax form as a negative number on Line Line 21.

The other option is for your spouse to file Married Filing Separately and you file nothing since you had no US income. His taxes will be higher if he does that. It is an advantage to get the extra exemption and standard deduction for you this year when you get to exclude your foreign income.

Edit--the genders are reversed (in my cut/paste) from your situation, but you will get the idea.

Edited January 7, 2016 by Nich-Nick

[Henley1989 10]

Thanks.

Jeeez im gonna have to look into that. I believe my wife uses a tax accountant to file. I will speak to him and see if he can help out.

[Darnell 8,478]

well, the forms and instructions are free to download, when using a PC , at the irs web site - is easy to get them and read.

[Nich-Nick 3,354]

I recommend TurboTax software. The kind you purchase and install on a PC.

[Henley1989 10]

That would cater to all the requirements for me to send off as a joint with my wife?

[Darnell 8,478]

not electronically, as the IRS cannot verify you this tax year.

[Henley1989 10]

Ok THanks. Might speak with the accountant first, see if he knows..

[Nich-Nick 3,354]

That would cater to all the requirements for me to send off as a joint with my wife?

TurboTax can handle the Form 2555 Foreign Income Exclusion. You print and sign your statement electing to be treated as a resident alien for tax purposes. You print and sign your tax forms using the print function of a software version of TurboTax. TurboTax tells you how to assemble and where to mail the return based on your address. The reason for mailing a paper return is because of the statement you have to include. There is no e-file way to include the statement.

So if you want to spend $29.99 on taxes instead of several hundred quid, it can be done. If you aren't comfortable learning something new, go with the tax accountant and make they are up on their international tax situations. Next year will be easier when you are a permanent resident and and have only US income.

[Henley1989 10]

TurboTax can handle the Form 2555 Foreign Income Exclusion. You print and sign your statement electing to be treated as a resident alien for tax purposes. You print and sign your tax forms using the print function of a software version of TurboTax. TurboTax tells you how to assemble and where to mail the return based on your address. The reason for mailing a paper return is because of the statement you have to include. There is no e-file way to include the statement.

So if you want to spend $29.99 on taxes instead of several hundred quid, it can be done. If you aren't comfortable learning something new, go with the tax accountant and make they are up on their international tax situations. Next year will be easier when you are a permanent resident and and have only US income.

Thanks. Well my wifes whole family use this accountant so I will speak to him first..

[Pitaya 2,577]

~Moved from Fam.-based AOS to Tax & Finance During US Immigration Froum~

~Inquiry about income tax~

[Amhara 460]

Thanks. Well my wife's whole family use this accountant so I will speak to him first..

Some situations are too complicated for TurboTax. I would support your decision on talking to the accountant first. It might be easy enough to do on your own, but then again, we don't know what your wife's income for 2015 looked like.

[colombianmainer 2]

You may file jointly if you were married by Dec 31. This topic is dicussed often in the Tax forum. Here's a cut/paste of something I replied to another UK person yesterday--

To file jointly, you must be a resident for tax filing purposes. You are not yet a permanent resident (greencard). But because you are married to a USC, you can choose to be treated as a resident alien for all of 2015 for the purpose of filing taxes. See Pub 519 page 9 starting at the end of column 1 "Nonresident Spouse Treated as a Resident". On page 9 of Pub 519 in column 2 under "How To Make the Choice" it tells you what to write in the statement. Both of you sign it and mail that statement with a paper return. No e-filing this first year.

You must also report worldwide income for 2015 if you file jointly. That means any money you earned in the UK from Jan 1-Dec 31, 2015 is reported on Line 7 of the Form 1040 added to your husbands income. (Convert it to US dollars.)

You also file form 2555 or 2555EZ to exclude the foreign income. Your exclusion amount from Form 2555 goes on the 1040 tax form as a negative number on Line Line 21.

The other option is for your spouse to file Married Filing Separately and you file nothing since you had no US income. His taxes will be higher if he does that. It is an advantage to get the extra exemption and standard deduction for you this year when you get to exclude your foreign income.

Edit--the genders are reversed (in my cut/paste) from your situation, but you will get the idea.

Hello, i hope you answer my question regarding this matter so i have a much clearer idea of what me and my USC husband should do to file jointly on this year's taxes so he doesnt get higher fees. I hope you dont ignore my post as others have done.

I came on November 5th on a K-1 (my son came with me on a K-2) and married the 17th. Next week we are sending the AOS paperwork of both me and my child and will be in the same situation as the OP: waiting for the NOA.

1 - What are the forms i need? Form 1040 and Form 2555 and Form 2555EZ? All three of them?

2 - I wasnt working in my foreign country since March 2015 so do i still need to fill out form 1040? Would i still have to report my income of those 3 months? I didnt have to pay any taxes in my country because i have never had contracts and they were temporary jobs. (I've never had a real steady job)

3 - What role does my child play in his taxes? We're filing I-765 for him too to have a ssn and i am aware this is to include him as a dependent for tax purposes. Can you explain this further? I am new to this all tax stuff.

Is there a specific due date all of this has to be done or is it reported when filing taxes next April? OR do we have to send this statement ahead of time?

Also, is the statement directed to the Internal Revenue Service people?

Thanks in advance for your response. I hope you do answer my concerns. Have a pleasant day.

[Darnell 8,478]

gosh - the tax channel just opened up. Tis The Season !