How should I file my taxes?

[KemalTuanaYalcin 16]

Just as a side note to the below, with regards to the SSN or ITIN, I went round and round with this. I applied for the ITIN for my spose for the purposes of filing my taxes, the IRS kept sending it back stating that I had to apply for the ITIN in conjunction with filing the taxes.

The easiest route for doing this, especially if the spouse is not yet here in the US, is to go to a tax professional, such as HR Block, have them prepare the taxes for the year, they, at the same time can also include the application for the spouse's ITIN. Your taxes along with application for ITIN will be submitted at the same time. Once the ITIN has been issued and approved, it will then be attached to the return that was submitted and then the return processed. I live here in TX, but from date of submission to date return received was about 6-8 weeks.

HAHAHA I was coming back to edit my post but will not let me now... I was incorrect about the 50% thing (I was looking at claiming a dependent earlier which I can not claim, Sorry)

Straight out of the text book...

Nonresident Alien Spouse

If your spouse is a nonresident alien, he or she must have either a SSN or an ITIN if:

1. You file a joint return,

2. You file a separate return and claim an exemption for your spouse,or

3. Your spouse is filing a separate return

Married Filing Jointly

1. You were married at the end of 2013, even if you did not live with your spouse at the end of 2013

2. Your spouse died in 2013 and you did not remarry in 2013

3. You were married at the end of 2013 and your spouse died in 2014 before filing a 2013 return

A married couple filing jointly report their combined income and deduct their combined allowable expenses on one return. They can file a joint return even if only one had income or if they did not live together all year. However, both person must sign the return.

Nonresident aliens and dual status aliens

Generally, a married couple cannot file a joint return if either spouse is a nonresident alien at any time during the year. However, if you were a nonresident alien or a dual-status alien and were married to a US citizen or resident alien at the end of 2013, you can elect to be treated as a resident alien and file a joint return. See Pub. 519 for details

Married filling separately

Be sure to enter your spouse's SSN or ITIN on Form 1040. If your spouse does not have and is not required to have a SSN or ITIN, enter "NRA"

There is a bunch of other stuff also

But really on the W4 it doesn't matter what you put...

[Hilario 13]

I already have the letter to the IRS and my state DOR stating that we'll be electing to treat her as a resident for tax purposes ready to go, as well as a signed W-7 and signed Income Tax Forms from her. Just wanted to know what to put in the SSN box. She also signed both letters. I'll be sending it all FedEx to the courier address in the W-7 instructions, as I have read them already and we'll be sending her passport as evidence of her foreign status. Photocopies of all of the Federal forms will be going to my state DOR.

Thanks

Dude,

No way in heck would I send in her passport!

[GAFL 16]

HAHAHA I was coming back to edit my post but will not let me now... I was incorrect about the 50% thing (I was looking at claiming a dependent earlier which I can not claim, Sorry)

Straight out of the text book...

Nonresident Alien Spouse

If your spouse is a nonresident alien, he or she must have either a SSN or an ITIN if:

1. You file a joint return,

2. You file a separate return and claim an exemption for your spouse,or

3. Your spouse is filing a separate return

Married Filing Jointly

1. You were married at the end of 2013, even if you did not live with your spouse at the end of 2013

2. Your spouse died in 2013 and you did not remarry in 2013

3. You were married at the end of 2013 and your spouse died in 2014 before filing a 2013 return

A married couple filing jointly report their combined income and deduct their combined allowable expenses on one return. They can file a joint return even if only one had income or if they did not live together all year. However, both person must sign the return.

Nonresident aliens and dual status aliens

Generally, a married couple cannot file a joint return if either spouse is a nonresident alien at any time during the year. However, if you were a nonresident alien or a dual-status alien and were married to a US citizen or resident alien at the end of 2013, you can elect to be treated as a resident alien and file a joint return. See Pub. 519 for details

Married filling separately

Be sure to enter your spouse's SSN or ITIN on Form 1040. If your spouse does not have and is not required to have a SSN or ITIN, enter "NRA"

There is a bunch of other stuff also

But really on the W4 it doesn't matter what you put...

Just for my personal clarification. I was married 2013. I had a child 2013. I filed on my W-4 form withholding 1 for our child. When I file my income taxes I file as married filing separately then enter NRA into the space provided. Unless husband arrives before April 15 then file married filing jointly enter his ss#, etc. Did I interpret this post correctly? Thank you.

[r060106 109]

Dude,

No way in heck would I send in her passport!

She's already told me she won't be needing it for a while and her government doesn't do certified copies. The ITIN Section of the IRS says they will return all documents to you within 60 days and that you can give them a prepaid courier envelope so they can send it back to you. I'm not concerned about that. She can always get a new one and we won't be needing it for quite some time.

[USanCANlove 3]

This is something that I am def wondering about too. I got married in Oct 13. So not even a month and a hald of the year I was married. I was told to just file as single since my spouse is still in another country and has not done anything in the states and considering we have only been married a couple months. Is this correct info I have received?

[bdrew612 1,071]

I don't think that's correct, USanCANlove. I was on the phone with the IRS earlier today (yes, it was as exciting as it sounds) and I was told I have to file married (I married in August, the beneficiary is in England and has always been in England). The choice is whether or not to file seperately or jointly.

What I can't seem to get a clear answer on is what does my husband need to do if I file as married seperate. Does he still need an ITIN? Do I need to include a statement or documentation that my husband is a non-resident and does not contribute 50%+ of his earnings to my household?

I might just have to pay someone this year. Yaaaaaay.

[USanCANlove 3]

Yea... I just got off the phone with H&R Block and the lady explained that you need to file as married and it is your choice to either file sep or jointly. The only info they will need is name, date of birth, and their social #... I am probably going to just suck up the $$ and get it done by a professional because there is no sense in trying to "figure it out" and dont want to mess it up with such a crucial year on our hands with everything.

[bdrew612 1,071]

Yea... I just got off the phone with H&R Block and the lady explained that you need to file as married and it is your choice to either file sep or jointly. The only info they will need is name, date of birth, and their social #... I am probably going to just suck up the $$ and get it done by a professional because there is no sense in trying to "figure it out" and dont want to mess it up with such a crucial year on our hands with everything.

I'm in the same boat with you! I don't think I have the stamina to deal with both USCIS and the IRS.

[Darnell 8,478]

This is something that I am def wondering about too. I got married in Oct 13. So not even a month and a hald of the year I was married. I was told to just file as single since my spouse is still in another country and has not done anything in the states and considering we have only been married a couple months. Is this correct info I have received?

there are other options !

written about prior, as well.

[NikLR 13,220]

If you do the married filing seperately you have to do a paper return. You cannot efile. You put NRA in the SSN block and mail it in. Any company that you use will also have to do this. Do not, under any circumstances, file as single. You can always amend these taxes after your spouse arrives in the USA and has an SSN.

[Jon in RC 6]

I already have the letter to the IRS and my state DOR stating that we'll be electing to treat her as a resident for tax purposes ready to go, as well as a signed W-7 and signed Income Tax Forms from her. Just wanted to know what to put in the SSN box. She also signed both letters. I'll be sending it all FedEx to the courier address in the W-7 instructions, as I have read them already and we'll be sending her passport as evidence of her foreign status. Photocopies of all of the Federal forms will be going to my state DOR.

You will have your W-7 kicked back by IRS. You are to file your 1040, 1040A, or 1040EZ WITH your W-7 and a certified passport bio page or the passport itself. I am not sure your state DOR (?) has anything to do with filing for federal income taxes.

Since my wife is here visiting, I am going to take the W-7 and passport to a TAC for a walk-in and use the exception to get an ITIN issued in advance. Most of the acceptance agents want to do my taxes as a package deal. I don't feel like paying someone to do my taxes and charge me money for what I can do on line for peanuts.

[David & Diana R 1,005]

Hi,

I had a similar situation. I went ahead and kept the "1" on my W-4. The truth is, you can claim whatever you want on your employer's W-4 forms, what really matters is that when it comes time to actually file your taxes is that you report the information accurately. The less you withhold from your paycheck typically means that you will be more likely to receive a return. (Other factors can affect whether or not you receive a return). Subsequently, because I filed my taxes for the year I was married as "married filing joint," to help satisfy the conditions of evidence needed for the visa process, I obtained from my spouse a power of attorney for the purposes of doing our taxes. (If you decide to do the same make sure you have the POA translated) My suggestion is that you go to a tax professional this year when you choose to file, to ensure taxes are done properly and call them ahead, explain the situation and determine what paperwork to take with you so that you can file in your spouse's absence.

With all due respect I think you got this part backwards??? Or is it me?

[Bammo 2]

If your spouse didn't have any income, you could claim an exemption for her by doing the following: First, get an ITIN for your spouse. Then when you file, your filing status should be "Married Filing Separately" and claim an exemption for your spouse. Per IRS Publication 501 "You can claim an exemption for you spouse only if your spouse has no gross income, is not filing a return, and was not a dependent of another person." I have been married for 6 years (my wife lives overseas) and have done this every year. For every year except this past year, the IRS has denied the exemption at first. But then I call them and tell them to check Publication 501 under "Married Filing Separately" and they grant it. This past year I attached a copy of the pertinent page from Publication 501 and highlighted the relevant paragraph and attached a note asking them to read the paragraph before denying the exemption, to my tax return. And the granted it first time. Originally I went to H&R Block, but their software wouldn't allow it. So I started using TurboTax, and it's software will ask you "Does Your Spouse Have any Gross Income?, Is our spouse filing a return?' Can someone else claim your spouse as a dependent?" And if you answer correctly it gives you the exemption. But you won't be able to e-file.

[mkaurd 2]

Hello All...

I got married on Nov 19, 2013 and had to update my W-4 tax form when I got back in early december. I was a bit confused as to how I should file my taxes now that I am married and my wife is overseas. I filed the i-130 just last week - so its gonna be take some time before she comes to america.

-I am working

-My wife just started working a few weeks ago (in India)

I spoke with my accountant on this matter and he suggested that I put the number "1" for the total number of allowances I am claiming for my W4 form. However, he said that I should check the option " Married, but withhold at higher single rate."

What I want to know is - now that I am married, am I suppose to file as "2" for the total number of allowances I am claiming for my wife and I? Or is it okay with what I have right now listed as "1" ?

I dont want any issues during the i-130 process when they have to check on how I filed my taxes. Salary is not the problem - but was wondering if it would be an issue if they see that I filed as "1" instead of "2", Or if there is anything that I need to be aware of when they look at my taxes. (My concern is why I have filed as single instead of married even though I checked the married box)

Any suggesstions or tips on what I should do would greatly be appreciated.

Thanks!

You should file "married filing separately" with only 1 exemption (yourself). You can't put her information on your taxes since she may not have SSN. However; alternatively you can extend filing till Oct 2014. You can file now and later upon receipt of her SSN, your taxes can be amended and you will get refund back.

[Al422 221]

The sensible thing to do is to caclulate your taxes both as Married seaprate and married joint and file whichever one results in the lowest taxes. If you were married at any point up to Dec 31, 2013, you are considerd married for the whole taxable year. SHe does not have to live with you to qualify.

If you do joint, she will need a Socail Security number. And she will have to report any US income but not income from her native land or any other country on the return.