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Honey&Bunny

Do I include my husband in my taxes?

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Sorry but your lawyer doesn't know what they are talking about. But many accountants are ill informed also.

Honey&Bunny you are married you can not file single That is a BIG mistake that may do. You can either file MFS(married filing separate) where no SS or ITIN is required but you can;t electronic file you must mail in and NRA (Non-Resident Alien) is written in place of the SS# when you send in.

One thing with filing MFS its like filing as a single and the tax liability is about the same. But good news is once he is here you get to amend your taxes for all the years apart as MFJ once he gets SS# and many get a nice payday.

Millions of us file this way. For those who went the ITIN route you can file MFJ (Married filing Jointly. If you have dependents you get to do head of household. But no you should not be filing single.

Hi, I am having a hard time doing the taxes MFS, it asking me to get an ITIN number! Am I doing something wrong? I tried turbo tax, and tax act, are there any filed sample forms available?

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There are two different ways you can file MFS with an overseas spouse.

If you want to treat them as a resident alien (beneficial if you want to/are able to file MFJ - signature of spouse required) or can elect to treat them as a nonresident alien.

It sounds like you want to treat them as a nonresident alien - if so, then you can write N R A on the ITIN/SSN section. I don't know if the tax software is programmed to allow you to do this, but you may be able to skip that section? (Try playing around with the buttons and links, but you probably already have.) You can try to print out the completed return, fill in the parts by hand and mail in a hard copy of the return. You cannot claim their spousal exemption on your return.

See the concept on page 8 and page 39 for some idea:

http://www.irs.gov/pub/irs-pdf/p519.pdf



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Hi, I am having a hard time doing the taxes MFS, it asking me to get an ITIN number! Am I doing something wrong? I tried turbo tax, and tax act, are there any filed sample forms available?

I filed MFS and I used TaxAct to fill in the forms. At the end then choose the file by mail choice instead of E-File. TaxAct will ask you if you have a Non Resident Spouse at the start of gathering your info and will automatically fill in NRA for you. You can not claim your spouse with this filing status as an exemption so make sure to say no when it prompts you.

Mail it off (Certified Mail to be safe) to the address that is listed for you on the final print out. It's very simple to do and no need for a sample form. Hope this helps you.

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There are two different ways you can file MFS with an overseas spouse.

If you want to treat them as a resident alien (beneficial if you want to/are able to file MFJ - signature of spouse required) or can elect to treat them as a nonresident alien.

It sounds like you want to treat them as a nonresident alien - if so, then you can write N R A on the ITIN/SSN section. I don't know if the tax software is programmed to allow you to do this, but you may be able to skip that section? (Try playing around with the buttons and links, but you probably already have.) You can try to print out the completed return, fill in the parts by hand and mail in a hard copy of the return. You cannot claim their spousal exemption on your return.

See the concept on page 8 and page 39 for some idea:

http://www.irs.gov/pub/irs-pdf/p519.pdf

Thank you fir your help, I am not trying to get the exemption. I am trying not to mess up.

I filed MFS and I used TaxAct to fill in the forms. At the end then choose the file by mail choice instead of E-File. TaxAct will ask you if you have a Non Resident Spouse at the start of gathering your info and will automatically fill in NRA for you. You can not claim your spouse with this filing status as an exemption so make sure to say no when it prompts you.

Mail it off (Certified Mail to be safe) to the address that is listed for you on the final print out. It's very simple to do and no need for a sample form. Hope this helps you.

Thank you, I really hope this works because it has been driving me crazy.

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Filed: Other Country: Ecuador
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The best way is married filing separate in conjunction with N.R.A. However filing Single, even though not recommendable, would not be a lie. If you do not live with your spouse for the last 6 months of the year, IRS allows you to file as single. It would allow for the Earned Income Credit to be claimed. Do not take my word for it, look it up at IRS.gov.

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Filed: IR-1/CR-1 Visa Country: Canada
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What ever you plan on doing for April 15, keep in mind you can amend your return later. If you are filing single or Married filing separate you can add the SSN or obtain an ITIN and file jointly which in most ( but not all) cases is better for your return. I did my return all three ways and we will go through the hassle of getting the ITIN #

Find a CPA that is on the agent acceptance program and file your return through them or bring your paper return and they will mail it off with the w 7 attached.

http://www.irs.gov/Individuals/Acceptance-Agent-Program

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Filed: Timeline

The best way is married filing separate in conjunction with N.R.A. However filing Single, even though not recommendable, would not be a lie. If you do not live with your spouse for the last 6 months of the year, IRS allows you to file as single. It would allow for the Earned Income Credit to be claimed. Do not take my word for it, look it up at IRS.gov.

This is NOT true.

The 'living apart for the last six months of the year' provision is to be 'considered unmarried' for the sole purpose of qualifying for Head of Household status, but you must have other dependents who live with you and you are supporting in order to meet this filing status.

The only way you could file Single if you were not living with your spouse is if you had a legal separation agreement.

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Filed: Other Country: Ecuador
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This is straight from IRS Publication 17:
Single Your filing status is single if you are considered unmarried and you do not qualify for another filing status.
You are considered unmarried on the last day of the tax year if you meet all the following tests. You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.
In this instance, both the letter of the law and the spirit of the law agree with my previous assertion.
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Filed: Timeline
This is straight from IRS Publication 17:
Single Your filing status is single if you are considered unmarried and you do not qualify for another filing status.
You are considered unmarried on the last day of the tax year if you meet all the following tests. You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.
In this instance, both the letter of the law and the spirit of the law agree with my previous assertion.

No, they do not.

You need to re-read Publications 17 and 501.

p21 of pub17 states that, among other options, one is married if 'you are married and living apart, but not legally separated under a decree of divorce or separate maintenande'

The 'living apart for the last six months of the year' provision appears on p23 of pub17 under the Head of Household filing section. It is only in this context that this provision applies. It does not apply to filing Single. If what you say is true, then the OP would also need a qualifying dependent in order to claim Single. The OP has not mentioned a qualifying dependent.

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