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Amy and Nick

Filing taxes as married

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Hi all,

Was speaking to the hubby today, and he seems to be under the impression that you cannot file taxes as married unless you have been married for more than 6 months.

He also believes the spouse must have SSN.

I think both of these points are wrong? :whistle:

Anyone got the definitive answer?!

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No you can have an ITIN number instead of an SSN number. The USC just applies for it for the spouse and you put that on your tax forms instead of SSN if you don't have one currently / yet.

There is some rule for if you can file married for the year tho, cant remember what it is tho lol i'm sure someone else does!

You can also file married filing separate !

Edited by Inky

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If you were married by Dec 31, 2010, then you can and should file married taxes for year 2010. As stated above, if no SSN, ITIN is possible, and it is also possible to file without any number at all and just put "NR" for non-resident in the appropriate box. Further instructions can be found at irs.gov for non-resident spouses. So yeah, he's wrong on both accounts ;)

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If you were married by Dec 31, 2010, then you can and should file married taxes for year 2010. As stated above, if no SSN, ITIN is possible, and it is also possible to file without any number at all and just put "NR" for non-resident in the appropriate box. Further instructions can be found at irs.gov for non-resident spouses. So yeah, he's wrong on both accounts ;)

:thumbs:

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I have been working on my taxes this weekend. If you take time to read the instruction book, it explains very clearly that if you are married to a non-resident alien (your spouse lives outside of the US) then you need to file as single (or head or househols if you have a dependant living with you.)

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I have been working on my taxes this weekend. If you take time to read the instruction book, it explains very clearly that if you are married to a non-resident alien (your spouse lives outside of the US) then you need to file as single (or head or househols if you have a dependant living with you.)

CAN U POINT ME TO website where it say so please? thanx

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I was in the IRS office today. Married filling jointly is way to go, but spouse needs to sing the return as well, and form W7 also signed by the spouse needs to be attached to return form.

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Ahem..

I called the IRS two days ago. The IRS themselves told me that you CAN file married jointly with your non resident spouse:

1- Your spouse must have an SSN or you must apply for an ITIN

2-you must include a statement signed by both spouses with BOTH residences stating that BOTH wish for the non resident spouse to be treated as a US resident. There is no standard form, you write it up yourself which is extremely easy

3- ALL WORLDWIDE INCOME for BOTH spouses must be declared. I wouldnt mess with the IRS.*

*when I spoke to the person at the IRS, I asked them "my only concern is that my wife doesnt have a w2 as they dont issue w2's in at her job in Peru. What documentation do I need to prove her income?" and her response was: "none. Just enter the information accurately."

This is DIRECTLY from the IRS. it even says so on their site, I just wanted to be positive.

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I have been working on my taxes this weekend. If you take time to read the instruction book, it explains very clearly that if you are married to a non-resident alien (your spouse lives outside of the US) then you need to file as single (or head or househols if you have a dependant living with you.)

Read IRS publication 519, especially pages 10 and 26. The 1040 and 1040A instructions are not all-inclusive.

http://www.irs.gov/p...rs-pdf/p519.pdf

George

Edited by George & Gina

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Ahem..

I called the IRS two days ago. The IRS themselves told me that you CAN file married jointly with your non resident spouse:

1- Your spouse must have an SSN or you must apply for an ITIN

2-you must include a statement signed by both spouses with BOTH residences stating that BOTH wish for the non resident spouse to be treated as a US resident. There is no standard form, you write it up yourself which is extremely easy

3- ALL WORLDWIDE INCOME for BOTH spouses must be declared. I wouldnt mess with the IRS.*

*when I spoke to the person at the IRS, I asked them "my only concern is that my wife doesnt have a w2 as they dont issue w2's in at her job in Peru. What documentation do I need to prove her income?" and her response was: "none. Just enter the information accurately."

This is DIRECTLY from the IRS. it even says so on their site, I just wanted to be positive.

You will can complete form 2555(since you are electing to treat your wife as a US resident), my wife received a paper something equivalent to our US W2's from her company. You can then fill out a worksheet to show her income then the conversion rate to the US dollar. On the 2555 you have a 1 time exclusion of the foreign income as long as it is less than $91,500, which is actually only using your income.

Edited by dan_ling

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if you are married then you can file your income taxes married,if your husband or wife lives in a foreign country, you can send a w-7 form for them to sign it and return it to the irs along with a copy of your passport,that irs department is.internal revenue service po box 149342 austin tex 78714-9342 for assistance call 1-800-908-9982, they will send you a itin number to use to file your taxes,it's better to file married you get a better refund, and it's good evidence that you are married filing your federal taxes togather,if you don't get the w-7 in time just get a tax extension to file late taxes,good luck,

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Anyone got the definitive answer?!

The USC was married in 2010 and should NOT file single. The status will generally be "married filing separately" if he doesn't want to file jointly. Filing jointly will be an advantage tax-wise. You will have to do a couple of extra steps this year.

•You will complete your joint tax return leaving a blank where a SSN or itin would go for your spouse. The 2010 UK income will be converted to US $$ and reported (under less common income on TurboTax). It is self reported as is the conversion rate. Form 2555 or 2555EZ will be filled out for the foreign income exclusion. They want to know worldwide income, but then you get to exclude up to $91k-ish.

•You will write a statement saying you are a US citizen and he/she was a non-resident alien on the last day of 2010 and you both elect for him/her to be treated as a resident alien for tax purposes. That's required for him/her to file jointly with you as he/she is not a resident yet by immigration rules. But for the IRS, the statement will allow him/her to be considered a resident as far as filing taxes goes. Otherwise a non-resident can not file a joint return. You both sign the statement and each list you name, address, and id number (SSN and A-number). Staple it to the end of your return.

•You complete a FORM W-7 ticking reason "e" and giving your name and SSN on the line beside it. You must provide identity with the w-7 and his/her passport will be enough. The IRS says this "If you submit an original valid passport (or a notarized or certified copy of a valid passport) you do not need to submit any other documents. If you do not submit a passport document, you must provide a combination of documents (at least two or more) that are current and that (1) verify your identity (that is, contain your name and a photograph), and (2) support your claim of foreign status."

•Mail you tax return (signed by both), the statement, the W-7 and identity document to

Internal Revenue Service

ITIN Operations

P.O. Box 149342

Austin, TX 78714-9342

NOTE: This a special division and not where you would normally file your return. They will process the itin in Austin and add the itin number to the tax return you sent with it. Then the tax return will be processed. It will take a little longer.

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I have been working on my taxes this weekend. If you take time to read the instruction book, it explains very clearly that if you are married to a non-resident alien (your spouse lives outside of the US) then you need to file as single (or head or househols if you have a dependant living with you.)

Thank you! I don't understand why some people would think differently!

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Edit: Forgot to add there is a Making Work Pay credit this year of $400 ($800 married) that some are eligible for but spouse would have to have a SSN to get it. Not sure all the details, but if otherwise eligible except for the SSN, you can file an amended return after you have a SSN and get $400 more back. It's just a little more paperwork and we're all pretty used to govt forms by now.

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