TAX BREAK FOR SUPPORTING FOREIGN SPOUSE?

[travis1983 0]

Hello

My wife is waiting on her Spousal Visa in Manila, filed in sept 2018. I am filing taxes in April and always do MFS as she has no SSN.

Question: If I still want to file MFS and she has no SSN or ITIN (no plans to obtain one)  is it possible to deduct the money I send her monthly from my tax bill?

 

I send about 600 a month to her. Can this be deducted?

[Loren Y 2,732]

Doubtful. I live in the GREY area when it comes to doing taxes, but I don't see how you can swing it without proof it was used for education, or something that is deductible, and then you would need proof of the deduction being legitimate. Basically the IRS is going to consider any money you sent her as a gift, and I can't think of a way to write it off ( And I write off everything). I will run it by my tax guy, but I know I couldn't write off any money I was sending to my fiancee at the time while waiting for her to arrive on her visa. But maybe someone who has had success in doing this someway can help. I know I will be using her as a deduction next year and filing MFJ, as she has only worked part time this year and didn't make too much money.

 

 

Called my tax guy, he says NO on that. But he did send me this link for you to check out.

 

http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

Edited October 21, 2019 by Loren Y

[travis1983 0]

4 minutes ago, Loren Y said:

Doubtful. I live in the GREY area when it comes to doing taxes, but I don't see how you can swing it without proof it was used for education, or something that is deductible, and then you would need proof of the deduction being legitimate. Basically the IRS is going to consider any money you sent her as a gift, and I can't think of a way to write it off ( And I write off everything). I will run it by my tax guy, but I know I couldn't write off any money I was sending to my fiancee at the time while waiting for her to arrive on her visa. But maybe someone who has had success in doing this someway can help. I know I will be using her as a deduction next year and filing MFJ, as she has only worked part time this year and didn't make too much money.

 

 

Called my tax guy, he says NO on that. But he did send me this link for you to check out.

 

http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

Interesting, thanks. I do, however spend money on her US-online based education. Could that be deducted?

[JeanneAdil 6,220]

Why wouldn't you apply for the ITIN and do married filing jointly?

 

Many of us support family back home and there is no way to deduct the money we send

but you can add your wife to tax returns 

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

[Loren Y 2,732]

4 minutes ago, travis1983 said:

Interesting, thanks. I do, however spend money on her US-online based education. Could that be deducted?

That might be a possibility because you will have a receipt from the online school and proof it was used for education. I am writing off about 6000 dollars I spent on my now wife's education this past year, but she was already here and had a SS number when enrolled in the school. Actually I'll be writing it off on her side of the taxes I believe as she is the one that attended school. but I am writing off tuition, books, everything down to the pens and paper I bought for her.

Edited October 21, 2019 by Loren Y

[Ontarkie 13,923]

~~Moved to Taxes and Finances, from IR1/CR1 P&P- the question is about taxes.~~

[carmel34 3,532]

Married filing jointly with a W-7 attached, requesting an ITIN for the foreign spouse is the way to go as it usually ends up giving you the lowest tax liability, more possible deductions, and a larger refund.  My husband and I did this in April for our 2018 taxes while he was still living in Brazil.  Good luck!

[aaron2020 11,651]

19 hours ago, travis1983 said:

Hello

My wife is waiting on her Spousal Visa in Manila, filed in sept 2018. I am filing taxes in April and always do MFS as she has no SSN.

Question: If I still want to file MFS and she has no SSN or ITIN (no plans to obtain one)  is it possible to deduct the money I send her monthly from my tax bill?

 

I send about 600 a month to her. Can this be deducted?

No deductions.  The $600/month is a personal expense that is not deductible. 

19 hours ago, travis1983 said:

Interesting, thanks. I do, however spend money on her US-online based education. Could that be deducted?

No.

[aaron2020 11,651]

19 hours ago, Loren Y said:

That might be a possibility because you will have a receipt from the online school and proof it was used for education. I am writing off about 6000 dollars I spent on my now wife's education this past year, but she was already here and had a SS number when enrolled in the school. Actually I'll be writing it off on her side of the taxes I believe as she is the one that attended school. but I am writing off tuition, books, everything down to the pens and paper I bought for her.

You may want to check with a CPA.  Your wife can not deduct personal expenses like books, pens and paper.

19 minutes ago, carmel34 said:

Married filing jointly with a W-7 attached, requesting an ITIN for the foreign spouse is the way to go as it usually ends up giving you the lowest tax liability, more possible deductions, and a larger refund.  My husband and I did this in April for our 2018 taxes while he was still living in Brazil.  Good luck!

Ding. Ding.  Winner winner chicken dinner.

 

Get an ITIN and file a joint return.  

[Loren Y 2,732]

1 hour ago, aaron2020 said:

You may want to check with a CPA.  Your wife can not deduct personal expenses like books, pens and paper.

True, she can't, but I bought the pens, paper, etc for her, and I'll write them off on my schedule C as a business expenses, along with the other office supplies I use.

[payxibka 10,044]

20 hours ago, travis1983 said:

Interesting, thanks. I do, however spend money on her US-online based education. Could that be deducted?

Nope.  You are precluded from deducting her expenses because you are filing separate.   

[Ed&Midori1031 330]

I did the same thing for my wife while she was living in Brazil, and I didn't get a tax break unfortunately. 

[aaron2020 11,651]

1 hour ago, Loren Y said:

True, she can't, but I bought the pens, paper, etc for her, and I'll write them off on my schedule C as a business expenses, along with the other office supplies I use.

So, you're okay with committing tax fraud by writing off your wife's personal expenses as business expenses? 

[TBoneTX 43,246]

Thread is locked because of discussion of tax fraud.  Do not restart this topic or revisit it elsewhere.