I hope this will be my last question about taxes. I have called some tax accountants but have been unable to get a straight answer. They tell me I need to consult with them for a fee. So before I do that, may I ask here?
1) Can you claim your spouse as a dependent? Mine wasn't here in 2005. (He arrived in Feb. 2006) But he isn't working and I am supporting him.
2) Do you have to do an amended tax return (1040X) if you filed single instead of married filing jointly for 2004 tax returns? We got married that year and I didn't think I would need to change my filing status. Now I did try to work on the 1040X but I am not getting anything back (as far as my calculations) nor do I owe the IRS any money. Is it worth doing a 1040X? Do you get back more than you would when filing as a single?
I would really appreciate any advice regarding this. And again, thanks Reinhard, for your invaluable tax advice in another message thread.
Full Version: My last questions about taxes...
Not sure on number 2, but for #1 absolutely not.
QUOTE(sidas @ Mar 9 2006, 09:47 AM) 
I hope this will be my last question about taxes. I have called some tax accountants but have been unable to get a straight answer. They tell me I need to consult with them for a fee. So before I do that, may I ask here?
1) Can you claim your spouse as a dependent? Mine wasn't here in 2005. (He arrived in Feb. 2006) But he isn't working and I am supporting him.
2) Do you have to do an amended tax return (1040X) if you filed single instead of married filing jointly for 2004 tax returns? We got married that year and I didn't think I would need to change my filing status. Now I did try to work on the 1040X but I am not getting anything back (as far as my calculations) nor do I owe the IRS any money. Is it worth doing a 1040X? Do you get back more than you would when filing as a single?
I would really appreciate any advice regarding this. And again, thanks Reinhard, for your invaluable tax advice in another message thread.
I just filed my taxes with a tax service. They told me I could not file married filing jointly because my husband is not here in the US and does not have a social security number. Married filing separate had me owing several thousand dollars. I contacted the IRS and was told I can file jointly and request a Individual Tax ID Number (ITIN) for my husband. This is only for the purpose of filing taxes. When they corrected my status to married filing joint, I owe less than $500.00. You need IRS Form W7 for that. See IRS publications 501 and 519. Hope this helps.
QUOTE(flipside @ Mar 9 2006, 10:23 AM)
Not sure on number 2, but for #1 absolutely not.
Can you back this up with facts? I know someone who I believe did just that.
You can't claim a spouse as a dependant, but you can use them as an exemption.. just file married/jointly, and if they dont have a SSN, get them an ITIN (file W-7 from the IRS website).. even if they did not live in the US for any or all of 2005 you can still use them.. They just have to submit a statement with you claiming residency.. but be careful because then you might need to claim their foreign income as well.. not entirely sure how that works....
QUOTE(de_sjiem @ Mar 9 2006, 06:46 PM)
You can't claim a spouse as a dependant
Are you 100% sure? Would you be willing to bet your life on it?
QUOTE(mawilson @ Mar 10 2006, 01:52 AM)
QUOTE(de_sjiem @ Mar 9 2006, 06:46 PM)
You can't claim a spouse as a dependant
Are you 100% sure? Would you be willing to bet your life on it?
No.. but I'd be willing to bet yours...
QUOTE(flipside @ Mar 10 2006, 05:56 AM)
No.. but I'd be willing to bet yours...
How about dispensing with the games and smart arse comments and giving us some facts?
I mean is it so hard to do just a little research??
http://www.irs.gov/pub/irs-pdf/i1040gi.pdf
Page 19.. jeez..
Too lazy for even that? Call 1-800-829-1040 and let us know how it turns out.
THe person you know who did it is in a world of sh|t if he gets caught.
http://www.irs.gov/pub/irs-pdf/i1040gi.pdf
Page 19.. jeez..
Too lazy for even that? Call 1-800-829-1040 and let us know how it turns out.
THe person you know who did it is in a world of sh|t if he gets caught.
If you make under than $50,000 a yr, many of the tax prep software is FREE. Just goto irs.gov and see which programs do that
I was fooling around with turbotax (or one of them) It stated on one of the pages that you CAN NOT claim your spouse as dependant!! But if you want a hard copy answer, goto irs.gov, look it up or call them. Best of luck
I was fooling around with turbotax (or one of them) It stated on one of the pages that you CAN NOT claim your spouse as dependant!! But if you want a hard copy answer, goto irs.gov, look it up or call them. Best of luck
QUOTE(flipside @ Mar 10 2006, 11:21 AM)
I mean is it so hard to do just a little research??
http://www.irs.gov/pub/irs-pdf/i1040gi.pdf
Page 19.. jeez..
Too lazy for even that? Call 1-800-829-1040 and let us know how it turns out.
THe person you know who did it is in a world of sh|t if he gets caught.
You cannot claim your spouse as a dependent only if you file a joint return.
It's perfectly ok to claim your spouse as a dependent if you file a separate return
and your spouse is not filing a tax return, had no income and cannot be claimed
as a dependent on another's tax return.
QUOTE(mawilson @ Mar 10 2006, 03:10 PM)
QUOTE(flipside @ Mar 10 2006, 11:21 AM)
I mean is it so hard to do just a little research??
http://www.irs.gov/pub/irs-pdf/i1040gi.pdf
Page 19.. jeez..
Too lazy for even that? Call 1-800-829-1040 and let us know how it turns out.
THe person you know who did it is in a world of sh|t if he gets caught.
You cannot claim your spouse as a dependent only if you file a joint return.
It's perfectly ok to claim your spouse as a dependent if you file a separate return
and your spouse is not filing a tax return, had no income and cannot be claimed
as a dependent on another's tax return.
Sorry, but are you completely retarded? It states quite clearly in the IRS instructions above that you cannot, under any circumstances, claim a spouse as a dependant.
QUOTE(flipside @ Mar 10 2006, 05:16 PM)
Sorry, but are you completely retarded? It states quite clearly in the IRS instructions above that you cannot, under any circumstances, claim a spouse as a dependant.
flipside -- you are really asking for it, mate. I will refrain from calling you names,
but another insulting remark from you will get your VJ login suspended, despite my
prior commitment never to do so.
Again, I ask, please quote the exact section of the law where it is "quite clearly" stated
that you cannot "under any circumstances" claim a spouse as a dependant.
From Page 21 of the IRS document you quoted:
"Married person. If the person is married, you cannot claim that
person as your dependent if he or she files a joint return. But this
rule does not apply if the return is filed only as a claim for refund
and no tax liability would exist for either spouse if they had filed
separate returns."
"Married person. If the person is married, you cannot claim that
person as your dependent if he or she files a joint return. But this
rule does not apply if the return is filed only as a claim for refund
and no tax liability would exist for either spouse if they had filed
separate returns."
If you follow the lovely little flow chart game you'll see...
Page 20.. halfway down on the left...
Any other person (other then your spouse)....
The out of context quote you referred to is if the person you are claiming is married to SOMEONE ELSE (qualifying child or qualifying relative).
I don't know why I bother. Ugh.
Just to make sure I'm not completely insane, I just called my brother who's a CPA, who confirmed what everyone else here has said about 9 times. You can't claim a spouse as a dependant.
Seriously call the number above, a direct line to the IRS. They will tell you the same thing.
And don't threaten me.
Page 20.. halfway down on the left...
QUOTE
Any other person (other then your spouse)....
The out of context quote you referred to is if the person you are claiming is married to SOMEONE ELSE (qualifying child or qualifying relative).
I don't know why I bother. Ugh.
Just to make sure I'm not completely insane, I just called my brother who's a CPA, who confirmed what everyone else here has said about 9 times. You can't claim a spouse as a dependant.
Seriously call the number above, a direct line to the IRS. They will tell you the same thing.
And don't threaten me.
But you can claim a spouse on a MFS return under the following conditions:
(from http://www.irs.gov/publications/p501/ar02.html#d0e2955)
If you file a separate return, you can claim the exemption for your spouse only if your spouse had no gross income, is not filing a return, and was not the dependent of another taxpayer. This is true even if the other taxpayer does not actually claim your spouse as a dependent. This is also true if your spouse is a nonresident alien.
This has to do with claiming dependants, who are not your spouse, say a son or daughter who happens to be married.
From Page 21 of the IRS document you quoted:
"Married person. If the person is married, you cannot claim that
person as your dependent if he or she files a joint return. But this
rule does not apply if the return is filed only as a claim for refund
and no tax liability would exist for either spouse if they had filed
separate returns."
(from http://www.irs.gov/publications/p501/ar02.html#d0e2955)
QUOTE
If you file a separate return, you can claim the exemption for your spouse only if your spouse had no gross income, is not filing a return, and was not the dependent of another taxpayer. This is true even if the other taxpayer does not actually claim your spouse as a dependent. This is also true if your spouse is a nonresident alien.
This has to do with claiming dependants, who are not your spouse, say a son or daughter who happens to be married.
QUOTE(mawilson @ Mar 10 2006, 07:19 PM)
From Page 21 of the IRS document you quoted:
"Married person. If the person is married, you cannot claim that
person as your dependent if he or she files a joint return. But this
rule does not apply if the return is filed only as a claim for refund
and no tax liability would exist for either spouse if they had filed
separate returns."
I've always heard that it doesn't hurt to try to take all the deductions and credits you can. Please understand, I'm not a CPA or even qualified at all in the area of taxes.
As I understand it, your spouse does not have a to have an SSN to file jointly or to be claimed as a dependent.
However, you they must at least make application for an individual Tax ID Number, which can be accomplished by their completing an IRS Form W-7 and sending it to the IRS along with your tax return when it is filed.
If I were you:
I would file an amended return for 2004, including the Form W-7 -- and just see what happens. The IRS may deny your claim, but they won't penalize you for it.
For 2005, do the same thing. File your tax return with a newly completed Form W-7 for your spouse. However, if you do this, make certain that you have paid the IRS the amount your taxes would be IF you wre not claiming your spouse for any credits and/or exemptions -- just in case they deny the moethod you have used, in which case you won't owe them more money or a penalty. AND if they accept your tax return as filed, they will refund your overpayment.
Now, let's assume you do this (file an amended return for 2004 and your 2005 return, using your spouse on both). You might receive 2 Individual Tax ID Numbers for your spouse. Of course, you only need one, so at that time call the IRS (your spouse by your side) and explain that he received 2 TIN's. The IRS can delete one of them.
All of this might save you from paying some taxes that you would otherwise pay.
The very best of luck to you!
As I understand it, your spouse does not have a to have an SSN to file jointly or to be claimed as a dependent.
However, you they must at least make application for an individual Tax ID Number, which can be accomplished by their completing an IRS Form W-7 and sending it to the IRS along with your tax return when it is filed.
If I were you:
I would file an amended return for 2004, including the Form W-7 -- and just see what happens. The IRS may deny your claim, but they won't penalize you for it.
For 2005, do the same thing. File your tax return with a newly completed Form W-7 for your spouse. However, if you do this, make certain that you have paid the IRS the amount your taxes would be IF you wre not claiming your spouse for any credits and/or exemptions -- just in case they deny the moethod you have used, in which case you won't owe them more money or a penalty. AND if they accept your tax return as filed, they will refund your overpayment.
Now, let's assume you do this (file an amended return for 2004 and your 2005 return, using your spouse on both). You might receive 2 Individual Tax ID Numbers for your spouse. Of course, you only need one, so at that time call the IRS (your spouse by your side) and explain that he received 2 TIN's. The IRS can delete one of them.
All of this might save you from paying some taxes that you would otherwise pay.
The very best of luck to you!
Thanks Andrew.
I did fill out the amended form (1040X) and found out (according to my calculations) that I wouldn't be getting anything back or owing to the IRS. So, I don't think I'll bother amending my 2004 returns unless there is a legal reason to do so.
As for the 2005 returns, we have my husband's SSN now so we have filed jointly and not claimed spouse as dependent. TurboTax walked me through the process and claims that I get a bigger refund if I file jointly.
I just want to do everything above board and have the right paperwork to show when it's time for spouse's green card renewal/application in 2 years. (He's a CR 1).
I did fill out the amended form (1040X) and found out (according to my calculations) that I wouldn't be getting anything back or owing to the IRS. So, I don't think I'll bother amending my 2004 returns unless there is a legal reason to do so.
As for the 2005 returns, we have my husband's SSN now so we have filed jointly and not claimed spouse as dependent. TurboTax walked me through the process and claims that I get a bigger refund if I file jointly.
I just want to do everything above board and have the right paperwork to show when it's time for spouse's green card renewal/application in 2 years. (He's a CR 1).
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