Filing taxes as married

[CarlosAndSveta 808]

Yes, if you do file Married Filing Seperately once your wife arrives and receives SSN# you can file an amendment to Married Filing Jointly and get the difference as a return.

Good point. I would also like to point out that you can only file married filing separately with out your non-resident alien spouse having an ITIN or SSN if you don't claim her as a dependent. If you want to claim an exemption for her you might as well file the W-7 and make the election to file a joint return.

[mare333 0]

Good point. I would also like to point out that you can only file married filing separately with out your non-resident alien spouse having an ITIN or SSN if you don't claim her as a dependent. If you want to claim an exemption for her you might as well file the W-7 and make the election to file a joint return.

ok so i can file married filing separately without claiming her as my dependent ? Can i amand that later when she comes to US?

If i do that than i dont need her SSN or W7 now, correct?

Edited January 31, 2011 by dare888

[CarlosAndSveta 808]

ok so i can file married filing separately without claiming her as my dependent ? Can i amand that later when she comes to US?

If i do that than i dont need her SSN or W7 now, correct?

That is correct. Once your spouse arrives in the U.S. and has an SSN you can amend your 2010 tax return to change the filing status from Married Filing Separately to Married Filing Joint. You will have until April 18, 2014 to amend your 2010 tax return.

[moonandsun 16]

Im using TurboTax. Trying to file Married filing seperately. I believe I read somewear here that to do this, I should insert NR or NRA into the SSN area. TurboTax will not let me do this. They want a number, not letters. Am I going about this all wrong?

[Nich-Nick 3,353]

Im using TurboTax. Trying to file Married filing seperately. I believe I read somewear here that to do this, I should insert NR or NRA into the SSN area. TurboTax will not let me do this. They want a number, not letters. Am I going about this all wrong?

Just leave it blank and press Continue.

[moonandsun 16]

Just leave it blank and press Continue.

That sounds easy enough. lol. You dont think that will red flag me.

[Nich-Nick 3,353]

That sounds easy enough. lol. You dont think that will red flag me.

Don't know if it will kick it out of meeting e-file standards. I don't think the IRS would be particularly bothered. Try to carry on to the end and see or put in 000-00-0000.

[RommelandApril 1]

Thanks guys, this answers all the questions thats been brewing in my head. It is definitely worth the wait (8-10 weeks) to go this route.

[RommelandApril 1]

I've got a question for CA State Tax Return. Should I send my State Tax form to IRS also so they can enter the ITIN for my spouse or is it a separate process for State?

[fahtas 0]

Hello! I am new to this forum and would really appreciate your help. I am a US Citizen and got married recently (December 2010). My wife is a F-1 student (with a SSN). I am am filing my taxes using Turbo Tax and would like to file as Married Filing Jointly(MFJ). My wife has had no income in 2010 and hence does not have a W-2.

From my understanding after reading IRS publication, I understand that my wife will be treated as a resident alien for tax purposes if I file as MFJ. Since she does not have any income, I do not anticipate big problems with this. However, in turbo tax where it asks for state residency of my wife, should I indicate "foriegn" or the state we currently live in (MA)?

Also, does she still need to file taxes seperately? Prior to this year, she used a software called Cintax for tax filing purposes. Does she still need to do this?

Do we need to send additional documentation to the IRS regarding any of this?

Will this affect her visa status in any way?

I apologize for the large number of questions, but I would really appreciate your help in this matter.

Thank you.

[CarlosAndSveta 808]

Hello! I am new to this forum and would really appreciate your help. I am a US Citizen and got married recently (December 2010). My wife is a F-1 student (with a SSN). I am am filing my taxes using Turbo Tax and would like to file as Married Filing Jointly(MFJ). My wife has had no income in 2010 and hence does not have a W-2.

From my understanding after reading IRS publication, I understand that my wife will be treated as a resident alien for tax purposes if I file as MFJ. Since she does not have any income, I do not anticipate big problems with this. However, in turbo tax where it asks for state residency of my wife, should I indicate "foriegn" or the state we currently live in (MA)?

Also, does she still need to file taxes seperately? Prior to this year, she used a software called Cintax for tax filing purposes. Does she still need to do this?

Do we need to send additional documentation to the IRS regarding any of this?

Will this affect her visa status in any way?

I apologize for the large number of questions, but I would really appreciate your help in this matter.

Thank you.

I would answer MA for the state residency of your wife. If you file a joint return with your wife then she does not have to file any other Federal Income tax returns for 2010. Since you have concluded that your wife is a resident alien for tax purposes for 2010 then you don't need any additional documentation with your return. You should file your return as if you were both U.S. citizens. I have no idea if filing a joint Federal income tax return with your wife has any affect on her F-1 visa.

[hindustani24 7]

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.

Ok i have a SS# but what ID number should i put for my wife, she obviously does not have SS# and A#

[CarlosAndSveta 808]

Ok i have a SS# but what ID number should i put for my wife, she obviously does not have SS# and A#

If you complete the Form W-7 and attach your joint income tax return as Nich-Nick has stated the IRS will issue an ITIN for your spouse. On your joint tax return you will leave blank the area where you are supposed to enter your spouse's SSN.

[hindustani24 7]

If you complete the Form W-7 and attach your joint income tax return as Nich-Nick has stated the IRS will issue an ITIN for your spouse. On your joint tax return you will leave blank the area where you are supposed to enter your spouse's SSN.

Thanks for replying. I got that but i was asking about entering and ID number on the declaration:

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.

is this declaration is even necessary? if it is what should i write form id number for my wife. Thanks.

[CarlosAndSveta 808]

Thanks for replying. I got that but i was asking about entering and ID number on the declaration:

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.

is this declaration is even necessary? if it is what should i write form id number for my wife. Thanks.

Sorry, I didn't understand your original question. If your wife is not in the U.S. then of course she would not have an SSN or A-Number. You would just not put any number for her in the election statement. The declaration is only necessary if you want to file a joint tax return with your wife right now. As I stated in another post you could file a return as Married Filing Separately but you would not be able to claim her as a dependent. Once your wife comes to the U.S. and gets an SSN then you could amend your 2010 tax return to file as Married Filing Jointly. I hope this answers your question.