Tax Return and FOreign Spouse

[bkghosh 121]

My spouse was visiting me (on a B1/B2) for the first 6-mo. The last 6-mo she is in India. I wonder if I can (or should) claim her as a dependent on my Tax Return for 2013?

Obviously, she does not have a SSN. Please advise.

[dwheels76 5,477]

My spouse was visiting me (on a B1/B2) for the first 6-mo. The last 6-mo she is in India. I wonder if I can (or should) claim her as a dependent on my Tax Return for 2013?

Obviously, she does not have a SSN. Please advise.

No you don't claim spouses as dependents. You can file Married filing separate (no SS needed). Or you can file the necessary documentatio to get a ITN for the IRS and file Married filing jointly (better tax break).

But yes you can file Married filing separate than when she gets here and gets SS amend your taxes.

[christeen 966]

First, a spouse is NEVER a dependent... And you have to get them a SSN or ITTN (for non residents) to jointly file... And your spouse was on a B1/2 thus VISITING you on a tourist visa NOT technically living in the USA... You can file married filing seperate, then when they arrive and get SSN, back file a correction and file jointly...

[takingtoolong 10]

I see a few posts above that say that if your spouse is abroad (and for our purposes not a green card holder or citizen of the U.S.), then one one should file as "Married filing separately". I do not think that you have to file this way. I think that as long as you are married, you can file as "Married filing jointly". This would of course require a ITTN.

I am not sure -- just my opinion. I will be trying to find out more about this before filing taxes.

I would like to file as "Married filing jointly" because it meas a better tax refund! In fact, if you wife has income abroad and paid taxes on that income, there is even a better tax refund.

[christeen 966]

I see a few posts above that say that if your spouse is abroad (and for our purposes not a green card holder or citizen of the U.S.), then one one should file as "Married filing separately". I do not think that you have to file this way. I think that as long as you are married, you can file as "Married filing jointly". This would of course require a ITTN.

I am not sure -- just my opinion. I will be trying to find out more about this before filing taxes.

I would like to file as "Married filing jointly" because it meas a better tax refund! In fact, if you wife has income abroad and paid taxes on that income, there is even a better tax refund.

To be specific ... Our posts both indicated that WITHOUT and ITTN or SSN ( which the OP indicated was Thea case) they cannot file jointly and must file seperate and backfire once they obtain a number... And the OP asked about claiming as a dependent which is NEvEr the case...

[NikLR 13,232]

The other option if you think you'll be far enough in the process to do so is ask for an extension. We did that so were able to file as MFS after I arrived in the USA and had an SSN. Next year we'll file as MFJ (even though it makes my taxes complicated as I have to file in both my home country and the USA because I worked in both places in 2013.)

Everyone should check if they move and work in two places in the year to see if they still have to file taxes in their home country as well as the USA.

Edited December 26, 2013 by NLR

[Patra&Ricardo 4]

Hey guys,

I am so happy to see this post as I am a little confused as to what to do about helping my husband who is a Permanent Resident file his taxes next month. Last year when we filed his taxes we filed as single although we got married January 2012.

We were actually told to do so by the tax preparer because he said I am not living in the US. Now I am guessing that was the wrong thing to do, are we going to have to amend his last year taxes? If I apply for a ITTN now do you know how long it would take to get it?

Just some extra info, We just recently filed the I130 Petition with a Priority Date of December 2, and I am currently in the US visiting my hubby.

[dwheels76 5,477]

Hey guys,

I am so happy to see this post as I am a little confused as to what to do about helping my husband who is a Permanent Resident file his taxes next month. Last year when we filed his taxes we filed as single although we got married January 2012.

We were actually told to do so by the tax preparer because he said I am not living in the US. Now I am guessing that was the wrong thing to do, are we going to have to amend his last year taxes? If I apply for a ITTN now do you know how long it would take to get it?

Just some extra info, We just recently filed the I130 Petition with a Priority Date of December 2, and I am currently in the US visiting my hubby.

Since you are here what i would do before you go is you both go to the IRS office with your passport and you will fill out the W8 and they will take photocopy of your passport and start on the ITN (i hear it takes a few weeks) all in time for next tax season. Than hubby can amend 2012 and send in when he does his 2013.

Reason why i say go to the IRS office is to apply your husband would need a certified copy of your passport (I have heard some just send in their actual passport....risky to say the least).

Or you could just wait, your husband file Married filing separate (No SS# or ITN needed) for his 2013 tax return and you just amend 2012 and 2013 when you get here and get SS#

It's up to you.

[Patra&Ricardo 4]

Since you are here what i would do before you go is you both go to the IRS office with your passport and you will fill out the W8 and they will take photocopy of your passport and start on the ITN (i hear it takes a few weeks) all in time for next tax season. Than hubby can amend 2012 and send in when he does his 2013.

Reason why i say go to the IRS office is to apply your husband would need a certified copy of your passport (I have heard some just send in their actual passport....risky to say the least).

Or you could just wait, your husband file Married filing separate (No SS# or ITN needed) for his 2013 tax return and you just amend 2012 and 2013 when you get here and get SS#

It's up to you.

Hi Dwheels76,

Thanks for replying. Ok i definitely see my two options. I would have to think about it a bit and discuss it with my hubby to see what to do. Just a additional question, if he files married filing separate does he get back more refund than just filing single (I know he can't file single anymore), just trying to understand the different tax brackets.

[Rich and Wen 101]

Speaking as a person who has worked in the tax preparation business for many years, Married Filing Separate (MFS) is the worst tax bracket, with the highest rates. It also prevents you from taking certain credits that you might otherwise be eligible for.

I would always advise my clients not to use MFS without a very good reason for doing so. Immigration might be one of those cases, but without seeing the specifics, I would not know which is best.

If you go to a tax preparation service, or even use software to do it yourself, when you file MFS you will be asked for your spouse's SSN, so that the IRS can cross-check your spouse's return to ensure neither of you takes any tax benefits you're not entitled to.

[Patra&Ricardo 4]

Speaking as a person who has worked in the tax preparation business for many years, Married Filing Separate (MFS) is the worst tax bracket, with the highest rates. It also prevents you from taking certain credits that you might otherwise be eligible for.

I would always advise my clients not to use MFS without a very good reason for doing so. Immigration might be one of those cases, but without seeing the specifics, I would not know which is best.

If you go to a tax preparation service, or even use software to do it yourself, when you file MFS you will be asked for your spouse's SSN, so that the IRS can cross-check your spouse's return to ensure neither of you takes any tax benefits you're not entitled to.

Wow, thanks so much for your insight. Since it is the worst bracket I will definitely advise my hubby not to take this route. I will have to go apply for the ITIN asap so we can get it in ample time to file his taxes as Married filing Jointly. I would prefer him getting back more money than less.

[iamwhatiam80 92]

Hey guys,

I am so happy to see this post as I am a little confused as to what to do about helping my husband who is a Permanent Resident file his taxes next month. Last year when we filed his taxes we filed as single although we got married January 2012.

We were actually told to do so by the tax preparer because he said I am not living in the US. Now I am guessing that was the wrong thing to do, are we going to have to amend his last year taxes? If I apply for a ITTN now do you know how long it would take to get it?

Just some extra info, We just recently filed the I130 Petition with a Priority Date of December 2, and I am currently in the US visiting my hubby.

Filing single was not a mistake. Its ok. Once you get your ITIN number, he can file an amended return as Married filing jointly and probably he should also get a refund. Remember that he should do this for State taxes as well, if there is a state income tax.

Getting an ITIN is taking a long time these days ( it can take even longer if applied from Jan to April which is peak time for IRS) and the IRS has strict guidelines now. Neverthless, if you submit the right paperwork or have a good accountant who specializes in this, you will be fine.

[Ryan H 3,834]

Moved from IR-1/CR-1 Progress Reports to General Immigration-Related Discussion; topic is not a case status update.

[JRF 117]

Filing single was not a mistake. Its ok. Once you get your ITIN number, he can file an amended return as Married filing jointly and probably he should also get a refund. Remember that he should do this for State taxes as well, if there is a state income tax.

Getting an ITIN is taking a long time these days ( it can take even longer if applied from Jan to April which is peak time for IRS) and the IRS has strict guidelines now. Neverthless, if you submit the right paperwork or have a good accountant who specializes in this, you will be fine.

Echo your comment about the ITIN taking a long time - and the documentation requirements are fairly strict. Married/Joint should result in a lower effective tax burden. From my perspective the worst part of the process was having to mail paper copies of our returns to both the Feds and California (it was a complicated return with a bunch of pages), all because I couldn't notate "ITIN applied for" on Turbo Tax.

That said I didn't have any issues, my spouse got her ITIN and our taxes were significantly lower than had we filed Married/Separate.

[Patra&Ricardo 4]

Echo your comment about the ITIN taking a long time - and the documentation requirements are fairly strict. Married/Joint should result in a lower effective tax burden. From my perspective the worst part of the process was having to mail paper copies of our returns to both the Feds and California (it was a complicated return with a bunch of pages), all because I couldn't notate "ITIN applied for" on Turbo Tax.

That said I didn't have any issues, my spouse got her ITIN and our taxes were significantly lower than had we filed Married/Separate.

Just a update guys,

Ok I just got of the phone with the IRS, and I am left so confused. I spoke to two different persons and they gave me two different set of information. The first guys I spoke to went through a questionnaire with me to determine if I qualify for a ITIN and after going through the questions he said I don't qualify because I am eligible for a Social Security Number in the future. He then went on to tell me that if order to apply for the ITIN I would need to speak to the Social Security Office and get a denial notice from them to attach to my ITIN application if I still choose to apply.

Then the next person I spoke to told me that I should not apply for a ITIN and that my hubby husband has to file his taxes as Married Filing Separately until I am in the US and get my Social Security number we amend the taxes then. He also went on to inform me that when you are married whether in the US or elsewhere you cannot under any circumstances file your tax return as Single.

What do you guys think should I try going ahead and applying for the ITIN because I am totally confused. My hubby will be applying for his citizenship in April and I don't want incorrect tax returns come back bite us then.