Taxes

[lou_7979 0]

Just a quick question. My fiancee came here on a K-1 visa a few weeks ago. So is she considered a resident alien or non-resident alien? Just a bit confused.

[payxibka 10,044]

Just a quick question. My fiancee came here on a K-1 visa a few weeks ago. So is she considered a resident alien or non-resident alien? Just a bit confused.

I would assume is what you are asking about 2006? Non-resident because she did not have a greencard or meet the substantial presence test

Edited January 24, 2007 by fwaguy

[lou_7979 0]

Just a quick question. My fiancee came here on a K-1 visa a few weeks ago. So is she considered a resident alien or non-resident alien? Just a bit confused.

I would assume is what you are asking about 2006? Non-resident because she did not have a greencard or meet the substantial presence test

Yes, she came in December '06 on a K-1 visa. But even if she came this year, she would still be considered a non-resident alien right?

[payxibka 10,044]

Just a quick question. My fiancee came here on a K-1 visa a few weeks ago. So is she considered a resident alien or non-resident alien? Just a bit confused.

I would assume is what you are asking about 2006? Non-resident because she did not have a greencard or meet the substantial presence test

Yes, she came in December '06 on a K-1 visa. But even if she came this year, she would still be considered a non-resident alien right?

True, but for 2006 she would not have been present in this country so she was "nothing" in the eyes of the IRS. For 2007 she will be a resident alien most likely.

Edited January 24, 2007 by fwaguy

[athena_ny 1]

Yes, because she doesn't have a green card or meet the substantial presence test. Same as if she hadn't come last year.

Just a quick question. My fiancee came here on a K-1 visa a few weeks ago. So is she considered a resident alien or non-resident alien? Just a bit confused.

I would assume is what you are asking about 2006? Non-resident because she did not have a greencard or meet the substantial presence test

Yes, she came in December '06 on a K-1 visa. But even if she came this year, she would still be considered a non-resident alien right?

[Keigwyn 1]

But she will meet the substantial presence test for 2007 whether or not she has a green card, so the 2007 filing will be done as a resident.

[athena_ny 1]

Yes, but to meet it seems like he was asking if she'd come in 2007 what she'd be viewed as for 2006...which doesn't make sense since she wasn't even here...

So I was referring to 2006 not 2007...sorry! That's what I get for VJing and working at the same time.

But she will meet the substantial presence test for 2007 whether or not she has a green card, so the 2007 filing will be done as a resident.

[Miranda&James 8]

Here's a question...we got married in May of last year. James didn't start working until just about a week and a half ago (so after 2006 had ended). I assume this mean he doesn't need to worry about any tax things since he started after the 2006 tax year was over and only I do my taxes? Does the income he made Jan - April of 2006 in the UK matter?

[zyggy 9]

Just a quick question. My fiancee came here on a K-1 visa a few weeks ago. So is she considered a resident alien or non-resident alien? Just a bit confused.

I would assume is what you are asking about 2006? Non-resident because she did not have a greencard or meet the substantial presence test

Yes, she came in December '06 on a K-1 visa. But even if she came this year, she would still be considered a non-resident alien right?

True, but for 2006 she would not have been present in this country so she was "nothing" in the eyes of the IRS. For 2007 she will be a resident alien most likely.

Technically yes, but you can always elect to treat your non-resident alien spouse as a resident alien for tax purposes...

99% of the time, it is more advantageous to treat your non-resident alien spouse as a resident alien and file as married filing joint. Up to $84,000 of foreign source income that was earned outside of the US can be excluded by filing a Form 2555 with your 1040.

[zyggy 9]

Here's a question...we got married in May of last year. James didn't start working until just about a week and a half ago (so after 2006 had ended). I assume this mean he doesn't need to worry about any tax things since he started after the 2006 tax year was over and only I do my taxes? Does the income he made Jan - April of 2006 in the UK matter?

Yes...

In your case, it would probably be more advantageous for you to file as married filing joint, report his UK source income and then exclude his UK source income that he made from Jan to April 2006 by filing a Form 2555 with your 1040. He is also eligible for a refund of his taxes that he paid to the UK. FIling as Head of Houehold or Married Filing Seperate should be avoided unless it is more advantageous from a tax situation...

[Milka 0]

Ohhhh my goodness. That's seems all so confused. Now I do not know at all what to do. I did think that I had to file in Germany, since I worked there for 9 full month. The tax deduction there are much higher, almost 50% and I hope to get some money back. If I file here, I do not think that the result would be good. My husband earned I guess more than 6 figures.

But at least I will be treated as a alien resident, since I got my greencard in 2006, right?

[zyggy 9]

Ohhhh my goodness. That's seems all so confused. Now I do not know at all what to do. I did think that I had to file in Germany, since I worked there for 9 full month. The tax deduction there are much higher, almost 50% and I hope to get some money back. If I file here, I do not think that the result would be good. My husband earned I guess more than 6 figures.

But at least I will be treated as a alien resident, since I got my greencard in 2006, right?

Alright...

As long as you made less than $84,000 US per year prorated for the time that you were in Germany (roughly $63,000 for 9 months), then your income will not come into play on your joint 1040 as it will be excluded, but you will get the higher standard deduction from being married (although your itemized deduction may be higher) and the additional personal exemption of $3,300 for yourself... If your income is over that amount, you will not have to pay additional US tax as there are tax treaties between the US and Germany to prevent double taxation. You would get a foreign tax credit for any excess amount. There are also other provisions where the amounts increase if you file as married filing joint..

Since you have a greencard, you have no choice but to file a US 1040 as you are now considered a resident alien for tax purposes. You would have to report your worldwide income anyways and pay taxes on that worldwide income if required... you might as well file as married filing joint and get the significant tax benefits from that status...

You may want to talk to a tax professional who is experienced in foreign taxation (not your local accountant), and ask for their opinion...

Edited January 26, 2007 by zyggy

[Larry and Maria 0]

What do you do in this case?

Russian Fiancee Worked in Russia 2006.

Russian Fiancee entered 2006.

Russian Fiancee Married USC 2006.

Russian Wife Didn't work in US 2006.

Russian Wife AOS approved 2007.

No record of earned income given to most workers in Russia.

She has none.

[payxibka 10,044]

What do you do in this case?

Russian Fiancee Worked in Russia 2006.

Russian Fiancee entered 2006.

Russian Fiancee Married USC 2006.

Russian Wife Didn't work in US 2006.

Russian Wife AOS approved 2007.

No record of earned income given to most workers in Russia.

She has none.

First step is to determine if your wife will be a treated as a resident or non-resident alien

Russian Fiancee entered 2006. When?

Russian Fiancee Married USC 2006. Dependant on what residence status your wife is, your choices are married filing seperate, Married filing joint or Head of household

Russian Wife Didn't work in US 2006. Not important

Russian Wife AOS approved 2007. Will be considered a resident alien for 2007

Edited January 26, 2007 by fwaguy

[Milka 0]

Ohhhh my goodness. That's seems all so confused. Now I do not know at all what to do. I did think that I had to file in Germany, since I worked there for 9 full month. The tax deduction there are much higher, almost 50% and I hope to get some money back. If I file here, I do not think that the result would be good. My husband earned I guess more than 6 figures.

But at least I will be treated as a alien resident, since I got my greencard in 2006, right?

Alright...

As long as you made less than $84,000 US per year prorated for the time that you were in Germany (roughly $63,000 for 9 months), then your income will not come into play on your joint 1040 as it will be excluded, but you will get the higher standard deduction from being married (although your itemized deduction may be higher) and the additional personal exemption of $3,300 for yourself... If your income is over that amount, you will not have to pay additional US tax as there are tax treaties between the US and Germany to prevent double taxation. You would get a foreign tax credit for any excess amount. There are also other provisions where the amounts increase if you file as married filing joint..

Since you have a greencard, you have no choice but to file a US 1040 as you are now considered a resident alien for tax purposes. You would have to report your worldwide income anyways and pay taxes on that worldwide income if required... you might as well file as married filing joint and get the significant tax benefits from that status...

You may want to talk to a tax professional who is experienced in foreign taxation (not your local accountant), and ask for their opinion...

Thank your for the long details. It seems like we will have to hire someone to do our taxes. In Germany I would always do it myself. But well....

I do NOT to file than in Germany at all? I would definitely get some money back there, if I file single.

Thank you in advance.

Ilka