Tax questions..

[Nicole72082 0]

So, here's my story. My husband came from Scotland in April to move over here. He came on a fiance visa. In October he received his EAD, so he's been working since November. I just received an email saying that he's basically been approved of his AOS. He'll be receiving his resident card shortly. The questions are, what am I to do on taxes? I've tried reading up on it, but a lot of people have mentioned having a spouse who is a non-resident at the time. But since my husband will officially be a resident (conditional), won't that change things? I can now file married jointly, right? Isn't that the biggest issue? I read something also about having to claim his income from his home country as well? If there is just a place to go that should have all of these answers and more, please point me in the right direction. I just want to have an idea of what I have to do when it comes time to file.

Thanks!

[Chica Yeyé 41]

I would think you can file jointly - HOWEVER I am no expert, and I would love for a wise member to give us both some light on this.

Peace, L.

[kim&james 0]

married filing jointly is generally the better way to go however for your own tax situation you might want to consult a tax professional if anything unusual is in your situation, ie multiple sources of income/investments etc.

[jlvr 1]

So, here's my story. My husband came from Scotland in April to move over here. He came on a fiance visa. In October he received his EAD, so he's been working since November. I just received an email saying that he's basically been approved of his AOS. He'll be receiving his resident card shortly. The questions are, what am I to do on taxes? I've tried reading up on it, but a lot of people have mentioned having a spouse who is a non-resident at the time. But since my husband will officially be a resident (conditional), won't that change things? I can now file married jointly, right? Isn't that the biggest issue? I read something also about having to claim his income from his home country as well? If there is just a place to go that should have all of these answers and more, please point me in the right direction. I just want to have an idea of what I have to do when it comes time to file.

Thanks!

Can you only file as married filing jointly once the immigrant spouse has been approved for AOS? I thought you had to file as married once you were, well, married. Or is it that you can't file jointly until AOS? I'm confused. I guess I won't be doing my taxes myself this year.

[athena_ny 1]

You should be able to file married filing jointly regardless. I've seen some of the K3's talking about filing taxes and doing this when their spouse wasn't even in the country.

[SusieK 3]

You should be able to file married filing jointly regardless. I've seen some of the K3's talking about filing taxes and doing this when their spouse wasn't even in the country.

Yes its your status as of December 31, 2007 and even tho my spouse is not here yet, I must file married filing separtely, or as the tax guy said, you can do jointly and pay the horrendous amount of taxes on his wages from the UK - ummm no thanks. But yes on filing married. Which way is up to your tax accountant to give you the best break,.

Cheers-

[athena_ny 1]

You should be able to file married filing jointly regardless. I've seen some of the K3's talking about filing taxes and doing this when their spouse wasn't even in the country.

Yes its your status as of December 31, 2007 and even tho my spouse is not here yet, I must file married filing separtely, or as the tax guy said, you can do jointly and pay the horrendous amount of taxes on his wages from the UK - ummm no thanks. But yes on filing married. Which way is up to your tax accountant to give you the best break,.

Cheers-

Yeah, of course it depends on your situation. I know some people whose spouses weren't working etc did it jointly, but from inside the country it's generally best to file jointly. My husband worked here all year long, so jointly would give us the best tax advantage.

[Nicole72082 0]

I was really hoping it could be pretty simple this year. Usually I do my own taxes lol I'll be trying to do more research, but hopefully its pretty straight forward. Still up in the air about claiming his wages as well?? I know it wouldn't be all that much, since it was only until the beginning of April, but then again, his wages were double what he makes here. Darn conversion rate.

[rebeccajo 14]

You file based upon your marital status. Not your immigrant status.

He will also have to report his income earned in Scotland on your US tax return, although odds are you will not be taxed on it.

For more information go here:

http://www.irs.gov/businesses/small/intern...d=96392,00.html

[selly 0]

Let me get this right, my income that I earned this year in the UK and was taxed for in the UK, now becomes part of my wifes tax liability as well? What right do the IRS have to tax income that has already been taxed in another country, this is criminal beyond belief!

I was of the understanding that because we are unable to work (well most of the K1 anyway) our spouses can still file jointly and benefit from our allowance that we havent earned yet ie the first earnings that you do not pay tax on.

I think a bit of tax lawyer advice might be the order of the day as my income in the UK was pretty good and it wouldnt be fair for my wife to be saddled with a huge tax bill based on something that has now passed. She never really benefitted from the money so why should she be taxed on it??

[Kez/JWolf 6]

You can file married jointly or married seperately if you were married on Dec 31st 2007 regardless of when during the year you got married... in most cases you are much better off filling jointly.... if you have income from a foreign country and you have paid tax in that country you can claim a foreign tax credit... therefore you DO NOT pay tax twice on the foreign earning....

Yes its your status as of December 31, 2007 and even tho my spouse is not here yet, I must file married filing separtely, or as the tax guy said, you can do jointly and pay the horrendous amount of taxes on his wages from the UK

This information is totaly wrong.... find a new Tax Preparer...

If you do not feel able to do your taxes yourself then look-up your local HR Block tax Office, they will have someone who has training in dealing with taxes for people who have foreign income and part year residents...

Kez

Edited December 20, 2007 by Kezzie

[payxibka 10,048]

Let me get this right, my income that I earned this year in the UK and was taxed for in the UK, now becomes part of my wifes tax liability as well? What right do the IRS have to tax income that has already been taxed in another country, this is criminal beyond belief!

I was of the understanding that because we are unable to work (well most of the K1 anyway) our spouses can still file jointly and benefit from our allowance that we havent earned yet ie the first earnings that you do not pay tax on.

I think a bit of tax lawyer advice might be the order of the day as my income in the UK was pretty good and it wouldnt be fair for my wife to be saddled with a huge tax bill based on something that has now passed. She never really benefitted from the money so why should she be taxed on it??

US tax law is very complicated. What you might be thinking is double taxation situation may not even remotely be the case. This area of the tax law is complex and there are exclusions and exceptions everywhere.

[rebeccajo 14]

Selly,

You apparently didn't read the entire thread. I mentioned you may not have to pay tax on your foreign income. Don't jump to conclusions about the 'criminal' tax code without researching for your particular situation.

Let me get this right, my income that I earned this year in the UK and was taxed for in the UK, now becomes part of my wifes tax liability as well? What right do the IRS have to tax income that has already been taxed in another country, this is criminal beyond belief!

I was of the understanding that because we are unable to work (well most of the K1 anyway) our spouses can still file jointly and benefit from our allowance that we havent earned yet ie the first earnings that you do not pay tax on.

I think a bit of tax lawyer advice might be the order of the day as my income in the UK was pretty good and it wouldnt be fair for my wife to be saddled with a huge tax bill based on something that has now passed. She never really benefitted from the money so why should she be taxed on it??

[desert_fox 32]

[

US tax law is very complicated. What you might be thinking is double taxation situation may not even remotely be the case. This area of the tax law is complex and there are exclusions and exceptions everywhere.

Can be complicated. but if we are talking about paying taxes on ordinary income, it becomes quite simple. Anyone who can balance a check book can figure their taxes. If you finished grade school math and can add and subtract, then you can do your own taxes. It also requires a few table look-ups. If you are confused about what is taxable, etc., there are publications available on the IRS site, along with examples. If it is still too camplex for you then use turbo tax (available on the internet), and file for $25.

People who suggest to use a tax lawyer or a tax accountant (CPA) are looking at $200 per hour to do simple math. H&r Block, etc. are for real dummys. Most likely you can do everything on the 1040EZ unless you are deducting home mortgage interest, and medical expenses, etc., (which are not taxable).

Edited December 20, 2007 by desert_fox

[selly 0]

Selly,

You apparently didn't read the entire thread. I mentioned you may not have to pay tax on your foreign income. Don't jump to conclusions about the 'criminal' tax code without researching for your particular situation.

Let me get this right, my income that I earned this year in the UK and was taxed for in the UK, now becomes part of my wifes tax liability as well? What right do the IRS have to tax income that has already been taxed in another country, this is criminal beyond belief!

I was of the understanding that because we are unable to work (well most of the K1 anyway) our spouses can still file jointly and benefit from our allowance that we havent earned yet ie the first earnings that you do not pay tax on.

I think a bit of tax lawyer advice might be the order of the day as my income in the UK was pretty good and it wouldnt be fair for my wife to be saddled with a huge tax bill based on something that has now passed. She never really benefitted from the money so why should she be taxed on it??

Apologies for getting on my soap box. I am quite rightly pretty frustrated with the levels of incompetent bureaucracy that are demonstrated every day in this 'leader of the free world'. I love my life here with my wife, but boy does the administration know how to make a mountain out of a molehill. However in response to your accusatory comment:

Many thanks for 'jumping to the conclusion' that I had not read all of your post, I had. My response was tailored towards your correctly guarded comment that 'you may not have to pay tax on your foreign income'. which if it does happen, will be in my humble opinion, a criminal act against the people. I was also not calling the tax code criminal, just the practice of double taxation, should it occur, which is I know, just the tip of an extremely complex taxation system that is in place . The USCIS creates enough of a financial burden on the US citizens wishing to bring loved ones to live with them in their own country, without the potential of being asked to pay a tax liability that isnt theirs.

Dare I say it if it does come to pass, this is another example of the system picking off easy targets within the immigration proccess, when they should be focussing their efforts where the real problem lies elsewhere. Got to pay for the war somehow after all.

Edited December 20, 2007 by selly