Taxes, Help!!!

[Nicole72082 0]

First off, I don't know why the tax publications have to be so confusing! At first I was thinking my husband would have to file a dual-status, since he moved over in April and wasn't a resident until December, but was working in November with an EAD. Then they say you can choose to file as a resident for the tax year. Besides these few things, I would be able to file this just fine myself. I just don't want to file one way then get into big trouble for it being wrong. What have some of you done? Please don't say read the IRS website, because I'm trying to! The current publication I'm reading is 72 pages long and very contradicting to itself.

[Dan J 277]

First off, I don't know why the tax publications have to be so confusing! At first I was thinking my husband would have to file a dual-status, since he moved over in April and wasn't a resident until December, but was working in November with an EAD. Then they say you can choose to file as a resident for the tax year. Besides these few things, I would be able to file this just fine myself. I just don't want to file one way then get into big trouble for it being wrong. What have some of you done? Please don't say read the IRS website, because I'm trying to! The current publication I'm reading is 72 pages long and very contradicting to itself.

You can file as married if you were married by December 31rst. Its a little more complicated, if you income from both foreign and domestic sources. Although income up to $80,000 earned outside the US is tax exempt. For anything over that, there may be tax treaties preventing double taxation.

[Nanusia & Lukaszek 0]

You can try www.taxact.com it allows you to do your taxes for free. It walks you through step by step with questions (and tips too) on how to file.

File married filing jointly.

Good luck!

[payxibka 10,044]

Do not confuse tax residency with immigration residency... they may not always be the same....

[Nicole72082 0]

Do not confuse tax residency with immigration residency... they may not always be the same....

Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th.

[payxibka 10,044]

Do not confuse tax residency with immigration residency... they may not always be the same....

Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th.

First test is the greencard test... if he has it (or acquired it) during the tax year then he is a resident for tax purposes...

based on your facts you do not need to go further (to the substantial presence test , etc..) as you already passed test #1

[zqt3344 21]

CONTACT Kezzie on this website, she has experience in this area I do believe and she seems to know what she is talking about, I think she could help you with your questions very quickly and correctly if you were to give her a personal message, and I do believe she is some sort of Enrolled Tax Agent Specialist that works on tax returns.

Do not confuse tax residency with immigration residency... they may not always be the same....

Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th.

[Minya's wife 24]

Do not confuse tax residency with immigration residency... they may not always be the same....

Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th.

Residency for the purposes of Immigration is different than residency as required to file taxes. You can file your taxes as married and your husband could be living in Timbuktu.

It does not matter when he got his greencard....it matters when you got married. If that was before Dec. 31, then you can file as a married filing jointly. :-)

-P

[TracyTN 237]

CONTACT Kezzie on this website, she has experience in this area I do believe and she seems to know what she is talking about, I think she could help you with your questions very quickly and correctly if you were to give her a personal message, and I do believe she is some sort of Enrolled Tax Agent Specialist that works on tax returns.

Do not confuse tax residency with immigration residency... they may not always be the same....

Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th.

I'm sure Kezzie appreciates you offering her services on PM.

She'll likely happen about this thread in due time.

[payxibka 10,044]

Residency for the purposes of Immigration is different than residency as required to file taxes. You can file your taxes as married and your husband could be living in Timbuktu.

It does not matter when he got his greencard....it matters when you got married. If that was before Dec. 31, then you can file as a married filing jointly. :-)

-P

Please be careful... For an alien spouse living abroad, Married Filing Joint (MFJ) is only available if you elect to do so AND by declaring the alien's worldwide income as US based income..... May not be beneficial dependant on circumstances....

[Kez/JWolf 6]

Determining Alien Tax Status

If you are an alien (not a U.S. citizen), you are considered a nonresident alien unless you meet one of two tests. You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1-December 31).

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

If you were married on Dec 31st 2007 the you need to file as Married filling seperate or Married filling Jointly.... for most people it is better to file as MFJ....

If you are unsure how to do your taxes for this year then there are places like H&R Block that can help you file and get the best refund, if you are due a refund....

To the OP as I do not have all your information available I can not say what would be the best for your Husband Resident Alien or Non-resident Alien.... most people file as resident and have any foreign income excluded...

Hope this helps

Kez

[Minya's wife 24]

Residency for the purposes of Immigration is different than residency as required to file taxes. You can file your taxes as married and your husband could be living in Timbuktu.

It does not matter when he got his greencard....it matters when you got married. If that was before Dec. 31, then you can file as a married filing jointly. :-)

-P

Please be careful... For an alien spouse living abroad, Married Filing Joint (MFJ) is only available if you elect to do so AND by declaring the alien's worldwide income as US based income..... May not be beneficial dependant on circumstances....

Ah, I see, I didn't know that. Thanks for clearing it up.

[Lona.C. 16]

that question was on my mind too ,

when my husband files the taxes ( I came with K1 now am AOS pending ) can we file married and am I correct my status is none resident alien ?? we got married Dec 1

( sorry to hitchike your treat )

[payxibka 10,044]

that question was on my mind too ,

when my husband files the taxes ( I came with K1 now am AOS pending ) can we file married and am I correct my status is none resident alien ?? we got married Dec 1

( sorry to hitchike your treat )

If you are married on the last day of the tax year then you are considered married for the entire tax year....

The non resident/resident alien status will depend on the results of the two tests... Since you are pending then you do not pass test #1. Simplifying the substantial presence test it is essentially a number of days in country based calculation... Your results will depend on your circumstances...

[Kez/JWolf 6]

that question was on my mind too ,

when my husband files the taxes ( I came with K1 now am AOS pending ) can we file married and am I correct my status is none resident alien ?? we got married Dec 1

( sorry to hitchike your treat )

Yes you have to file as married because you were still married on Dec 31st 2007.... you have a choice as to your status for taxes... you can file as a resident or as a non-resident or both... i.e. part of the year you were non-resident and part of the year you were resident...

Most people file as resident for tax and if they have foreign income from before they moved here they can claim a foreign tax credit for 2007...

Kez