1040X and W-7

[horntoad 0]

My question is more about tax returns here than anything China. I have already submitted form I-864 with amended return and W-7 With required documents to add the wife to NVC. So here is my question should I mail a copy of origanal 1040 to Dept of The Treasury with my 1040X and W-7 ?

[Darnell 8,478]

the 'amendment' doesn't actually 'count' until it's submitted to IRS.

So, if you've not sent off to IRS yet, it's NOT official.

but - I don't want to get confused or confusing about this.

lets see - you have original 1040, already submitted to IRS.

then you have 1040X with a W-7 - did you submit this to the special W-7 processing address in Austin? IF YOU DID - then you don't need to submit anything else into the IRS.

as for submitting something to the US Treasury department - I've never heard of that. Treasury handles monies, IRS handles tax obligations. Different things, differnt departments.

[msilva 0]

the 'amendment' doesn't actually 'count' until it's submitted to IRS.

So, if you've not sent off to IRS yet, it's NOT official.

but - I don't want to get confused or confusing about this.

lets see - you have original 1040, already submitted to IRS.

then you have 1040X with a W-7 - did you submit this to the special W-7 processing address in Austin? IF YOU DID - then you don't need to submit anything else into the IRS.

as for submitting something to the US Treasury department - I've never heard of that. Treasury handles monies, IRS handles tax obligations. Different things, differnt departments.

http://www.irs.gov/pub/irs-pdf/iw7.pdf

Where To Apply support your claim of foreign status. If you submit copies of

documents that display information on both sides, copies of By mail. Mail Form W-7, your tax return (or other documents

both the front and back must be attached to the Form W-7. At required by an exception), and the documentation described in

least one document must contain your photograph, but a item (3) under How To Apply, earlier, and listed in the chart

photograph is not required if documents are submitted for a above to:

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

[msilva 0]

http://www.irs.gov/pub/irs-pdf/iw7.pdf

Where To Apply support your claim of foreign status. If you submit copies of

documents that display information on both sides, copies of By mail. Mail Form W-7, your tax return (or other documents

both the front and back must be attached to the Form W-7. At required by an exception), and the documentation described in

least one document must contain your photograph, but a item (3) under How To Apply, earlier, and listed in the chart

photograph is not required if documents are submitted for a above to:

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

Take your time and read the link i sent. I will submit today a notorized copy of wifes passport and election statement signed by my wife the tax return and w-7 to

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

[horntoad 0]

Okay I think my tax guy has this all jacked around. For form 1040X I am filing Married Separately and only claiming 1 exemption myself. Per the link provided by msilva under "Specificic Instructions"

http://www.irs.gov/pub/irs-pdf/iw7.pdf

e. Spouse of a U.S. citizen/resident alien.

This category includes:

A nonresident alien husband or wife who is not filing a U.S.tax return (including a joint return) and who is not eligible to get an SSN but who, as a spouse, is claimed as an exemption, and • A nonresident alien electing to file a U.S. tax return jointly with a spouse who is a U.S. citizen or resident alien.

Should I then file jointly and claim my wife as an exemption?

[pushbrk 12,968]

Okay I think my tax guy has this all jacked around. For form 1040X I am filing Married Separately and only claiming 1 exemption myself. Per the link provided by msilva under "Specificic Instructions"

http://www.irs.gov/pub/irs-pdf/iw7.pdf

e. Spouse of a U.S. citizen/resident alien.

This category includes:

A nonresident alien husband or wife who is not filing a U.S.tax return (including a joint return) and who is not eligible to get an SSN but who, as a spouse, is claimed as an exemption, and • A nonresident alien electing to file a U.S. tax return jointly with a spouse who is a U.S. citizen or resident alien.

Should I then file jointly and claim my wife as an exemption?

If you're sending the W7 with the amended return, yes.

[Darnell 8,478]

oh boy. for the 'amended return' - i suggest you file the 1040X for 'married filing jointly' .

If you are filing 'married filing seperately' - whats the point even to get an ITIN ?

IMO, you should prep for 'married filing jointly' unless you have a 'certified ID' issue.

If you have a 'certified ID ' issue for the W-7, wait till she returns to USA, then and only then, file the 1040X.

You should have yer tax guy call me sometime , seriously. I speak tax, very well.

Edited April 28, 2010 by Darnell

[horntoad 0]

oh boy. for the 'amended return' - i suggest you file the 1040X for 'married filing jointly' .

If you are filing 'married filing seperately' - whats the point even to get an ITIN ?

IMO, you should prep for 'married filing jointly' unless you have a 'certified ID' issue.

If you have a 'certified ID ' issue for the W-7, wait till she returns to USA, then and only then, file the 1040X.

You should have yer tax guy call me sometime , seriously. I speak tax, very well.

Ha-ha! Darnell

No Buddy I got a copy of her passport bio page noterized and a copy of our marriage papers. Realationship proof was the biggest reason to file married seperately. So I can claim her as an exemption even if we did not live in the same country? If so I will also need a new 1040X and amend my schedule M ?

[Darnell 8,478]

Exactly !! Yes! Si!

Relationship proof was the biggest reason to file 'married filing jointly'

[horntoad 0]

Exactly !! Yes! Si!

Relationship proof was the biggest reason to file 'married filing jointly'

I can not send PM's to you here if you don't mind I'll hit you up at the other place.

[Darnell 8,478]

Alrighty !

[horntoad 0]

Alrighty !

Thanks Ol Buddy!

[Darnell 8,478]

This was covered in a message on 18 March, in detail - check yer PM on that other place.