Tazes - Married Jointly - NOT ALLOWED

[RIMASH 0]

I went to my CA (chartered accountant) to file my taxes for 2006 and he told me that I cant file "Married Jointly"..

he said my husband has to be either present in USA or have a Visa number!!!!!

I have seen so many posts on VJ, where peole have successfully filed the taxes.....did you guys get approve for that?...........why is my CA being so stupid???

My husband signed the 1040 + W7 + notarized photocopy of his passport biographical page from US embassy in India.....and mailed everything to me..........

Any insight guys? when you did it...did the IRS accept it?

By the way, when I spoke to a lady at IRS, she told me I can.............

PLEASE HELP!!!!!!!!

[Kez/JWolf 6]

Your Accountant is wrong..... find a new one...

Kez

[vylex 0]

Your accountant is wrong. Go print out the W-7 instructions and throw it in his/her face. It states CLEARLY that you can.

Reason For Applying (W-7) (Page3)

e. Spouse of U.S. citizen/resident alien. This category includes:

h. Other. If the reason for your ITIN request is not described in a

through g, check this box. Describe in detail your reason for

requesting an ITIN and attach supporting documents. If any of the

following exceptions apply to you, you will not need to attach a tax

return to your Form W-7. Check box h and enter the number of the

exception that applies (for example, “Exception 3”) on the dotted line

next to box h.

● A nonresident alien electing to file a U.S. tax return jointly with a

spouse who is a U.S. citizen or resident.

I went to my CA (chartered accountant) to file my taxes for 2006 and he told me that I cant file "Married Jointly"..

he said my husband has to be either present in USA or have a Visa number!!!!!

I have seen so many posts on VJ, where peole have successfully filed the taxes.....did you guys get approve for that?...........why is my CA being so stupid???

My husband signed the 1040 + W7 + notarized photocopy of his passport biographical page from US embassy in India.....and mailed everything to me..........

Any insight guys? when you did it...did the IRS accept it?

By the way, when I spoke to a lady at IRS, she told me I can.............

PLEASE HELP!!!!!!!!

[jlivings99 0]

Chartered Accountant (CA) is a designation in other countries such as India. The US designation is Certified Public Accountant (CPA). Which type of professional did you consult and in which country? I would not expect an non-US accounting professional to be that familiar with US tax rules.

[RIMASH 0]

Chartered Accountant (CA) is a designation in other countries such as India. The US designation is Certified Public Accountant (CPA). Which type of professional did you consult and in which country? I would not expect an non-US accounting professional to be that familiar with US tax rules.

Yes it was the CPA in california....sorry as I talk to my husband 3 hours in a day...i am getting so used to talking his language......hahahaha

so do you guys think...i should go ahead and file for 1040 with W7?

thanks!!

[vylex 0]

Chartered Accountant (CA) is a designation in other countries such as India. The US designation is Certified Public Accountant (CPA). Which type of professional did you consult and in which country? I would not expect an non-US accounting professional to be that familiar with US tax rules.

Yes it was the CPA in california....sorry as I talk to my husband 3 hours in a day...i am getting so used to talking his language......hahahaha

so do you guys think...i should go ahead and file for 1040 with W7?

thanks!!

I did. However, before you send it in, check to see if you need to file a 2555 (or 2555EZ) form as well. I included one. It's basically a form that states your alien spouse's foreign income. You add it to your 1040 paperwork.

[Sofiyya 1,687]

My husband and I have filed with an ITIN two years in a row, now. He has never set foot in the US; insha'allah, soon.

[lucyrich 20]

I went to my CA (chartered accountant) to file my taxes for 2006 and he told me that I cant file "Married Jointly"..

he said my husband has to be either present in USA or have a Visa number!!!!!

I have seen so many posts on VJ, where peole have successfully filed the taxes.....did you guys get approve for that?...........why is my CA being so stupid???

My husband signed the 1040 + W7 + notarized photocopy of his passport biographical page from US embassy in India.....and mailed everything to me..........

Any insight guys? when you did it...did the IRS accept it?

By the way, when I spoke to a lady at IRS, she told me I can.............

PLEASE HELP!!!!!!!!

See IRS Publication 519 for details.

Briefly, in order to be considered a resident alien for tax purposes, your spouse must either meet certain tests (substantial presence or Green Card) OR, you and your spouse must choose to treat him as a resident alien for tax purposes. He probably doesn't meet the tests, so you would have to choose to treat him as a resident, and follow the instructions in pub 519 to make that choice. In the link to pub 519, search for "Nonresident Spouse Treated as a Resident" on the 3rd column of page 10.

I believe (though I well may be wrong on this) that unless you treat him as a resident, you can't file jointly. If he's considered a nonresident, he has to file a 1040NR, not the standard 1040.

For many couples, if the foreign spouse doesn't have a lot of income subject to US tax, it's well worth choosing to treat the foreign spouse as a resident and filing a joint return, to take advantage of the lower tax rates and higher exemptions for joint filers. But individual circumstances may vary.

[vylex 0]

For many couples, if the foreign spouse doesn't have a lot of income subject to US tax, it's well worth choosing to treat the foreign spouse as a resident and filing a joint return, to take advantage of the lower tax rates and higher exemptions for joint filers. But individual circumstances may vary.

That's exactly why we filed it that way. My wife also passed both the residency and tax home tests (she has never lived in or worked for US businesses). The tax advantage was clearly in our favor if we filed jointly. Also, it added evidence of "comingling our finances" for the I-130 application. One other note, you can exclude up to USD $82,400 of your alien spouse's salary. My wife makes well under that so I had no problem wanting to file jointly.

[beameup 0]

Chartered??

You better check with the IRS website which handles this: IRS Acceptance Agents for W-7

Otherwise you will get WRONG information as evidenced. You can file married filing jointly, you should file married filing jointly, it is your right to file married filing jointly -- AND you will save on taxes.

I went to my CA (chartered accountant) to file my taxes for 2006 and he told me that I cant file "Married Jointly"..

he said my husband has to be either present in USA or have a Visa number!!!!!

I have seen so many posts on VJ, where peole have successfully filed the taxes.....did you guys get approve for that?...........why is my CA being so stupid???

My husband signed the 1040 + W7 + notarized photocopy of his passport biographical page from US embassy in India.....and mailed everything to me..........

Any insight guys? when you did it...did the IRS accept it?

By the way, when I spoke to a lady at IRS, she told me I can.............

PLEASE HELP!!!!!!!!

[maryandatif 0]

Your Accountant is wrong..... find a new one...

Kez

[climo 0]

Does VJ have a guide or maybe a faq's entry on Taxes? I'm in the same situation about filing jointly with my spouse. It would be nice to know which forms may (or may not ) be necessary. Now I just learned that I need a notorized copy of her passport? Also form 2555? Can someone list all the items necessary to file jointly? Or point me in the right direction? I'm all confused on these forms.

[beameup 0]

QUOTE: "I'm all confused on these forms."

Please follow good advice, there is ONLY one FORM - W-7

If you cannot follow good advice, my friend, what can I say?

Does VJ have a guide or maybe a faq's entry on Taxes? I'm in the same situation about filing jointly with my spouse. It would be nice to know which forms may (or may not ) be necessary. Now I just learned that I need a notorized copy of her passport? Also form 2555? Can someone list all the items necessary to file jointly? Or point me in the right direction? I'm all confused on these forms.