Tax help - US citizen living abroad

[boykins2918 0]

Hello,

My husband (Us Citizen) and I (Australian Citizen) are getting ready to file the I-130 in Sydney.

My husband has lived as a permanent resident in Australia for over 10 years and was under the impression that he didn't have to file any taxes when living abroad. He actually still doesn't believe me when I'm telling him all the info I found on the net regarding this.

What do we do now??? Will my visa get denied if he can't show that he has filed taxes for so long? How do we fix this?

Thanks in advance

[LotofPatience 65]

Hello,

My husband (Us Citizen) and I (Australian Citizen) are getting ready to file the I-130 in Sydney.

My husband has lived as a permanent resident in Australia for over 10 years and was under the impression that he didn't have to file any taxes when living abroad. He actually still doesn't believe me when I'm telling him all the info I found on the net regarding this.

What do we do now??? Will my visa get denied if he can't show that he has filed taxes for so long? How do we fix this?

Thanks in advance

There are certain exemptions NOT to file taxes such as lower than the threshold amount set by IRS. If your husband's earnings are above this amount, he HAS to file the taxes with IRS.

If he has to file the taxes, it would be a problem while submitting AOS with NVC.

If he has to file the taxes, better talk to IRS and make an arrangement to file all prior year taxes. That way, he will have clean image with NVC AOS review.

Having said this, if he owe money to IRS is another question. If he has properly paid Australian taxes in the last 10 years, he will get "foreign tax credit" with IRS. If he doesn't make more than $86K (I think $86K or $88K per year) per the "current year", he will owe zero dollars with IRS due to "foreign tax credit". But for prior years, this amount will be slightly less.

Please let me know if you need exact details.

Loto

[Darnell 8,478]

suggest to file 1040X returns , showing any 'foreign taxes paid' and if he wants to 'include you on the returns' for 'married filing jointly' status, he should add in the IRS form W-7 , file all via paper to the special IRS W-7 address in Austin, TX.

There is 'exclusion amount' for each year, will need to consult the tax tables for that year, also -

he may not be taxed twice on income in Australia, depending on how his taxes were prepped, for that 'overage' amount (past the exclusion amount).

Taxes Is Fun ! (note to Loto - Ye Gods, why we know so much about this, la?)

Edited August 29, 2010 by Darnell

[LotofPatience 65]

suggest to file 1040X returns , showing any 'foreign taxes paid' and if he wants to 'include you on the returns' for 'married filing jointly' status, he should add in the IRS form W-7 , file all via paper to the special IRS W-7 address in Austin, TX.

There is 'exclusion amount' for each year, will need to consult the tax tables for that year, also -

he may not be taxed twice on income in Australia, depending on how his taxes were prepped, for that 'overage' amount (past the exclusion amount).

Taxes Is Fun ! (note to Loto - Ye Gods, why we know so much about this, la?)

Daaaaar, tax topic is one of my favorite interests!

I see your as well

Loto

Edited August 29, 2010 by LotOfPatience

[boykins2918 0]

Thanks guys your a great help to us less knowledgable folk

[LotofPatience 65]

Thanks guys your a great help to us less knowledgable folk

Before the year 1999, I didn't know U.S taxes.

After 1999 (after reaching the U.S), I started filing taxes myself and digging all the publications, forms and schedules one by one.

It is a gradual process and you can make it. Come on boykins2918!

Loto