So...our final packet of stuff went to the NVC a few weeks ago...and we're both living in the UK waiting for his visa appointment/medical exam. I'm trying to file my taxes, was living in UK all of last year. I know y'all aren't tax people, but I thought at least someone here would have done this already...

1. Since spouse doesn't have a US SSN yet (don't know at what point he gets that issued, I did request to have one issued on our last form), what do I put on the 1040? What should I put as my status? Joint? Married Separately? Single?

2. Are there any tax benefits for living abroad all year? I thought I read something about overseas rent being deductible? I apparently can't e-file if I have an overseas address, but I could mail it in if it makes that much difference.

Just thought I'd ask here first, in case anyone has been in this situation...before I try to navigate the IRS quagmire.

Thanks in advance.

You have two options.

Option 1. File Married. Joint.

You'll have to file form W-7 with your regular tax return and send it to Austin.

Here's more info from the IRS

http://www.irs.gov/businesses/small/intern...d=96696,00.html

http://www.irs.gov/pub/irs-pdf/fw7.pdf

Option 2. File single, the just ammend it later when your spouse gets a SS# using form 1040X

Hope that helps

Noel-

Thanks mate, but question - since some of us have the option to file married but separtely, the ITIN number on the W-7 does come into play as per page 4 it states that it will needed if the foregin spouse of the USC needs to get a ITIN number if filing jointly. I know there is seventy million other pages to read arrrhhhhhh - but does this make sense as it is the way I was told to do it, just show my husband's SSN (which does not exist) on the form with a "NRA" - again this for people filing married but seperate.

There are so many different threads on this issue, but this seems to be the consensus - I really dont want an RFE - oppsie too much USCIS reading, but do not want it being kicked back becasue of this error.

Cheers and will call tax person next week to confirm since his line right now is worse than USCIS or NVC - oh dear co mingling of two governmental agencies lol - gotta stop comparing wikpedia betweeen USCIS and everything else I do - I mean I told one of my clients the other day that I needed an RFE from there, there was a pause and I said sorry, just more information.

Cheers

SusieK,

Sadly, this does makes sense. lol

The W-7 instruction on page 4, under "Spouse of USC...", mentioned filing jointly AND non-resident being claimed as an excemption. No mention at all about couples filing separately.

So I would "guess" writing "NRA" would be ok. It makes sense to me. Your tax person SHOULD definitely know. I hope you get through and not have to wait six months for an answer. lol

lol thanks for some good humor early on in the am - its been discussed before in other threads and did see where tis perfectably acceptable - oh god - I just cant call IRS i mean the after effects from USCIS and their misinformation has nullified my brain cells - lol - will wait for tax guy to surface from the mounds of paperwork -

Thank you and Cheers

OK, now I'm confused. Forgive me for continuing with this but I'm afraid the people answering the phone at the IRS are not going to fully understand what I'm asking...as per usual.

So, A) I can file jointly, but my spouse, who is a UK citizen, who lives and works in the UK, and has never lived in the US, must report and pay US taxes on his UK income? Is there a deduction for all the taxes he already pays the UK government?

Or, I file separately, only report my own US income, and pay much higher taxes as a person filing separately? And I STILL have to include a form asking for a TIN for him to put on my return? Even though I'm filing separately?

I think the easier choice is to just file it as a single and file an amendment later on. I agree with you, why should we have to pay taxes here for his/her income abroad. I am married and my wife is in Singapore. She doesn't have a SSN, but I think the easier route would be just wait till she gets her SS#.

If someone has a better solution or an explantion please advise.

Check with a CPA or tax accountant if you can - but I was told - you can file married sep and just put NRA where it ask for your SO's Social Security - if u decide to go the married filing jointly, then you must get the ITIN number.

There is also a foreign tax credit (exemption)if you do put them on there, but not sure what that amount is somewhere between 50k and ???? USD, but not really sure of the exact amount as that chapter is like seventeen million pages - and as this point sod it, I am just going for the married filing sep -

If there is something else that has come up, then I guess it will be my first RFE. Now there is a unique concept, but again just depends on what gives you the best breaks - but to explain - if you file MARRIED JOINTLY yes on the ITIN number and then it has to have passport certified copy attached to the W7 and then sent to Texas addy.

Cheers and best to you

p.s got three peeps at IRS that said ok for the NRA on the tax return and one said umm...nah your spouse needs the ITIN - go figure.

Im almost sure you can file as single if your spouse had no income for that year.. no US income= no income right?
Maybe Im crazy :shrug:

We are all crazy at this point but your martial status is determined as of December 31, 2007 for the year ending filing of 2007. You can file single but you must do the amended return - otherwise showing single is not correct (without the amended return).

Cheers and god speed

I don't think filing as single is a good idea... Imagine what CO will have to say about it if he/she asks for last tax return during the marriage-based interview!?

I filed single. And if the CO ask about it, my wife will tell them that our acct told us to file single and ammend it later.

Yes you can amend later on during the year - or there after -

Cheers

Hello

Sorry I did not answer this sooner. I can answer this question exactly and definitiely.

I have been through all these same questions in the last week getting my USC wife's taxes up to date.

If:

1) The USC has only worked OUTSIDE the US between Jan-Dec 2007
2) The non-USC does NOT have either an SSN or ITIN
3) You have both resided in the UK during the whole of 2007

Then:

1) You file as married filing seperately on the 1040
2) Claim exemption 6a ONLY
3) Do NOT write the name of your spouse in the "name" area - write "Non Resident Alien"
4) Use form 2555 to offset your foreign earned income against your earnings on the 1040
5) If you earned more than the equivalent of $83,500 last year you can also offset the tax you paid in the UK using form 1116

Hope that helps, any questions, ask me while it's still fresh.

By the way if you are both resident in the UK you should have odne Direct Consulr Filing (DCF) via London, much quicker than going through NVC. You can also file taxes for previous years via the US Embassy in London, and they will stamp a copy of page 1 of the 1040 as filed/received and post it back to you.

BG36

Don't even get me started on the DCF - I haven't lived in UK long enough to qualify for that option...though, I might by the time our CR-1 process is finished...sigh.

After running all the calculations, it appears I get a much larger refund even factoring in my spouse's UK income, since the foreign exemption and housing credit is so generous. Basically, I get back every penny of tax I paid last year! Woohoo! Now I just have to get the forms filled out correctly and mailed. I can't file electronically when DH doesn't have a SSN.

Thanks everyone for your help...I am greatly relieved - still confused, but relieved.

If you live and work abroad, depending on your situation, you can file a 2555 with your 1040. For 2007, the foreign earned income exclusion is $87,500. If you have made under that amount, you do not owe taxes. If you have made over that amount, you pay on the amount over.

There are two ways to qualify for this. One, you are considered a bona-fide resident of the country abroad. This is a bit complicated to determine and I am not going to attempt to explain it, but I count myself as a bona fide resident of China.

The other way is if you have been in the foreign country for a total of 330 days in a 12-month period.

You can get the 2555 form and instructions on the same page at www.irs.gov where you can get the 1040. It is a fillable and saveable pdf.