I found out that I can apply for an ITIN # for my husband in order to file a joint tax return.

However, the man at the IRS said my husband would have to declare his worldwide income.

I asked him, "My husband is from Iran...So do you want his tax forms translated certified????"

It kinda stumped him. He did some checking and came back and said, "US and Iran do not have a tax treaty."

So...to my mind this means....I don't have to provide my husband's income.

Am I right?

Did you ask him what that meant? Last time I had to talk with a tax attorney at the IRS to get it all straightened out.

sounds like it. and i really doubt the irs would ask iran

I forget, do you have children? If so and if you're "head of household" normally then you don't have to change your status. I filed head of household last year and will do so again this year since in order for me to change he'd have to live with us for the majority of the year.

Head of household doesn't give as good of tax benefits as filing as "married - filing jointly" does, though.

In my case it sure does! Every case is different though. I will do my taxes this weekend and I'll try it both ways and let you know the difference.

Where does it say that you have to have lived together to file jointly? You don't have to live together even 1 day. You could marry just before midnight on New Years Eve and file jointly for the year in which you got married.

When I spoke with the tax attorney at the IRS he said two days before the new year meant that I could file single but we didn't make that cut off. If only I had known!

I don't have children, just him and me.

I look at it as though when do I *have* to file married jointly, so I *have* to once he's here the majority of the year. I could marry filing jointly but it's not beneficial in my case. Sorry for the confusion.

The Tax Treaty Issue...

The biggie question for me now is...

Do I have to provide my husband's meager Iranian income ($3,600 gross per year) if there is no tax treaty between USA & Iran?

Call the IRS and ask them. There are very knowledgeable tax attorney's there you can speak to at no cost.

Tax treaties serve to reduce the amount of U.S. tax owed by residents of other countries. The absence of a treaty does not reduce the amount of U.S. tax owed. The existence or absence of a tax treaty does not reduce the amount of income claimed.

I understand Tax treaty reduces tax burden.

I also realized that I should include his income if we file jointly because on immigration forms it is noted he is currently employed.

"If the treaty does not cover a particular kind of income, or if there is no treaty between your country and the United States, you must pay tax on the income in the same way and at the same rates shown in the instructions for the applicable U.S. tax return."

http://www.irs.gov/businesses/internationa...d=96739,00.html

This is a good subject. One which I will soon need to address for myself.
I was married July 2007. My husband is in his home country now and will be until ????
I am not sure how to file. Either way why would my husband's non-US income need to be considered?
Married filing jointly seems to indicate that there is money to pay taxes on. Married filing seperately would imply that he will file his own tax return. How can we really file as either if our spouses don't have SS#? I guess I'll have to call the IRS as one member suggests.

W-7 Form allows alien spouses who are not residing inside the US and are not eligible for a social security card to get an ITIN# for tax purposes only. If a US immigrant visa has not been issued yet, then your husband/wife is eligible for an ITIN number. Even though they have applied and are waiting for a visa.

If you contact the NON-RESIDENT ALIEN SECTION of the IRS, the representative will ask you a series of questions to determine their eligibility.

You have to be specific and answer "yes" or "no."

Once you find if your husband/wife can have an ITIN # you then:

1) Have your husband/wife fill out the W-7 form, provide supporting documents to verify identity.
2) Have your spouse provide income details from their country
* I am not sure if this is aftertax deductions or gross - this point I am not clear on.
3) Prepare a joint return, but leave the SSN portion of your spouse blank
4) Attach the completed W-7 and supporting identity documents AND their tax info to the completed 1040 with your W-2's and/or 1099's.
5) Mail the completed 1040, W-7 with supporting documents to a specific address in Austin, TX.

I married In february 2006 and filed married jointly for the 2006 even though my hubby was not here yet. My tax person had me get a signed letter from his employer stating his income for that year. The letter simply stated how much he made a month and that no taxes were taken out. We then submitted that with the itin application and taxes for that year. about 2months later he rec'd his itin number.

On $3,600 of income, it might still be cheaper to pay the tax on it in the US and file married-joint.

Try out the calculator. http://www.dinkytown.net/java/Tax1040.html