Another VJer confused about filing for Tax

[Ellie and Fron 10]

My husband moved here in October (K1 visa) we were married December 3rd and he got a social security number and health care in January. I picked married filing jointly. Is that right? We are waiting for his work authorization to come in so I only had my W2's and income entered. I just read on this forum that my husband has to include the income he earned in the DR? What if I already sent in the tax (e-file) with only my income? He does not have income in the USA. He just moved here in october and cannot work yet?

[Nich-Nick 3,354]

<p>My husband moved here in October (K1 visa) we were married December 3rd and he got a social security number and health care in January. I picked married filing jointly. Is that right? We are waiting for his work authorization to come in so I only had my W2's and income entered. I just read on this forum that my husband has to include the income he earned in the DR? What if I already sent in the tax (e-file) with only my income? He does not have income in the USA. He just moved here in october and cannot work yet?

You did your taxes wrong. He is not a resident as defined by the IRS and can't file with a resident. Non residents have different forms and taxation. Because you are a USC, you may file jointly if you each sign a statement saying you choose for him to be treated as a resident alien for tax purposes. And If you choose to do that and file jointly, then both have to include "worldwide income" meaning US and DR.

You are probably getting back more refund than you should, had you followed the tax laws. Will the IRS catch you? Probably not.

[MariaR323 199]

I agree with Nich-Nick in the above post...

The correct thing to do would be to file an amendment, report the foreign income and file the election statement.

As to if the IRS will catch on to these type of filings, not sure, but if they do catch something like this they can assess a penalty, charge interest and you would pay tax on the foreign income.

[Ellie and Fron 10]

You did your taxes wrong. He is not a resident as defined by the IRS and can't file with a resident. Non residents have different forms and taxation. Because you are a USC, you may file jointly if you each sign a statement saying you choose for him to be treated as a resident alien for tax purposes. And If you choose to do that and file jointly, then both have to include "worldwide income" meaning US and DR.

You are probably getting back more refund than you should, had you followed the tax laws. Will the IRS catch you? Probably not.

I had no idea..I am new to filing taxes. How do I amend it?

[MariaR323 199]

If you are thinking of trying to do it on your own, you would look up Form 1040X, and if applicable look up the amendment form for your state tax return as well.

It has instructions on how to file the 1040X. If not, pick up a copy of TurboTax maybe and it usually has some type of "interview" run through to assist you. You will also need to file Form 2555 for the foreign income and include the election statement. Or, find a local tax preparer to prepare all this for you.

[CanadianYinzer 31]

So I'm using Turbo Tax Deluxe addition (download version). It's asking "Choose How to Qualify for this Exclusion" with either a Bona Fide Resident Test or Physical Presence Test. I'm not sure what to do because he hasn't been here 330 days or a full 12 months.

he moved to the US Sept 9, 2015

only worked in Canada, not the US in 2015

has SS#

he already filed his taxes in Canada

Anyone know what to do on this step?

[Nich-Nick 3,354]

So I'm using Turbo Tax Deluxe addition (download version). It's asking "Choose How to Qualify for this Exclusion" with either a Bona Fide Resident Test or Physical Presence Test. I'm not sure what to do because he hasn't been here 330 days or a full 12 months.

he moved to the US Sept 9, 2015

only worked in Canada, not the US in 2015

has SS#

he already filed his taxes in Canada

Anyone know what to do on this step?

TurboTax is asking you how he qualified to live and work in Canada where the foreign income he wishes to exclude was earned. Well he is a citizen of Canada so a bonafide resident of Canada for sure.

Bonafide residence began? Maybe the day he was born. Ended? Sept 9, 2015 (POE) for the purpose of this form.

When it asks what visa type, it wants to know what visa allowed him to work in CANADA. The US is not the foreign country in these questions. Choose "other" and type in the box "none needed" or "Canadian citizen" to get TurboTax to move on.

[CanadianYinzer 31]

TurboTax is asking you how he qualified to live and work in Canada where the foreign income he wishes to exclude was earned. Well he is a citizen of Canada so a bonafide resident of Canada for sure.

Bonafide residence began? Maybe the day he was born. Ended? Sept 9, 2015 (POE) for the purpose of this form.

When it asks what visa type, it wants to know what visa allowed him to work in CANADA. The US is not the foreign country in these questions. Choose "other" and type in the box "none needed" or "Canadian citizen" to get TurboTax to move on.

THANK YOU

[CanadianYinzer 31]

TurboTax is asking you how he qualified to live and work in Canada where the foreign income he wishes to exclude was earned. Well he is a citizen of Canada so a bonafide resident of Canada for sure.

Bonafide residence began? Maybe the day he was born. Ended? Sept 9, 2015 (POE) for the purpose of this form.

When it asks what visa type, it wants to know what visa allowed him to work in CANADA. The US is not the foreign country in these questions. Choose "other" and type in the box "none needed" or "Canadian citizen" to get TurboTax to move on.

I want to thank you again, Nich-Nick. I wasn't sure on how to do my taxes this year. The tax guy I found, who was familiar with this type of immigration tax filing, was going to charge me $300. I went through all your tax posts, downloaded TurboTax, and did it myself. It was actually quite painless.

You are one of the reasons this website is so helpful. So again.... THANK YOU THANK YOU THANK YOU!

[Nich-Nick 3,354]

I want to thank you again, Nich-Nick. I wasn't sure on how to do my taxes this year. The tax guy I found, who was familiar with this type of immigration tax filing, was going to charge me $300. I went through all your tax posts, downloaded TurboTax, and did it myself. It was actually quite painless.

You are one of the reasons this website is so helpful. So again.... THANK YOU THANK YOU THANK YOU!

Thanks for the kind words. It never gets old being appreciated. Some people are very capable of doing their own with some time invested in learning. Others are just too busy or too overwhelmed by the thought of taxes that they need a tax professional. It's similar to how some of us went from clueless about immigration all the way to citizenship for our loved one without an attorney. Others really benefit from the security and guidance of a paid professional.