I130 ITIN tax question for my spouse, kids?

[ZRomper 42]

Greetings all,

 

I have a question about my spouse and 2 kids. I filed an I-130 for my spouse and adopted daughter on June 20th, 2021 (the forms are in active review status at the USCIS atm). My son is a US citizen through CBR and has a US passport, but no SSN.

 

I was filing my taxes all these years as single, thinking that since my wife has no status in the US, that's the way to go. Apparently, I was wrong.

 

I want to get an ITIN (Individual Taxpayer Identification Number) for her since she's a nonresident alien atm. Do I also have to get one for my adopted daughter? What about my son, I read somewhere that I can't file for ITIN for him since he's a US citizen. My daughter is 13 and my son is 7.

 

The issue is that me and my wife are residing in Belarus right now. I read in the W7 instruction sheet that her documents can only be validated by a CAA. The only one we can find is in Moscow, Russia.

However I found a site https://flextcg.com/services/itin-application-checkout/ that claims to have a CAA and I can just attach my wife's Belarusian passport, pay $300 and they'll file everything for me. Is this legit? Do you guys know any other online service where I can do this without traveling somewhere?

I also spoke with my immigration attorney, she said that since I filed taxes as a single, even though it's wrong, NVC might not pay any attention to it and if they do, I can always explain that I didn't know and I couldn't travel to Poland or Russia because of COVID.

 

I also plan to file 1040X forms with the IRS to amend my filing status to Married, filing separately once I get the ITIN number for my wife (and kids if this is needed).

 

Please advise,

Thank you!

Edited November 11, 2021 by ZRomper

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to Tax & Finances During US Immigration, where topics related to applying for ITIN are discussed ***

 

On 11/12/2021 at 3:08 AM, ZRomper said:

claims to have a CAA and I can just attach my wife's Belarusian passport, pay $300 and they'll file everything for me. Is this legit?

 

Only the CAAs listed in the official IRS.gov website are legit.  A legit CAA would require physical presence of the ITIN applicant to verify their identity documents.

 

Edited November 13, 2021 by Chancy
typo

[Wuozopo 4,293]

@ZRomper

 

Are you employed? If so, American company or Belarus. Do you exclude foreigner earned income?

[ZRomper 42]

59 minutes ago, Wuozopo said:

@ZRomper

 

Are you employed? If so, American company or Belarus. Do you exclude foreigner earned income?

I'm employed by a US company as a US based consultant. I have no foreign income. All my income arrives at my US bank account.

[seekingthetruth 1,248]

4 minutes ago, ZRomper said:

I'm employed by a US company as a US based consultant. I have no foreign income. All my income arrives at my US bank account.

Does your wife have income?

[ZRomper 42]

15 minutes ago, seekingthetruth said:

Does your wife have income?

 

15 minutes ago, seekingthetruth said:

Does your wife have income?

She does not.

[Wuozopo 4,293]

@ZRomper

 

You might see if the Deloitte office in Minsk can help you.

https://www2.deloitte.com/by/en/footerlinks/office-locator/minsk-office.html

 

International accounting firms are acceptance agents, but maybe not certifying.

• Deloitte and Touche, LLP
• Ernst & Young LLP
• KPMG LLP
• PricewaterhouseCoopers LLP
• BDO

Or what about the passport agency that issues passports in Belarus?

There is also Taxpayer assistance numbers given for the embassy in Minsk https://by.usembassy.gov/u-s-citizen-services/internal-revenue-service-u-s-taxes/

[ZRomper 42]

2 minutes ago, Wuozopo said:

@ZRomper

 

You might see if the Deloitte office in Minsk can help you.

https://www2.deloitte.com/by/en/footerlinks/office-locator/minsk-office.html

 

International accounting firms are acceptance agents, but maybe not certifying.

• Deloitte and Touche, LLP
• Ernst & Young LLP
• KPMG LLP
• PricewaterhouseCoopers LLP
• BDO

Or what about the passport agency that issues passports in Belarus?

There is also Taxpayer assistance numbers given for the embassy in Minsk https://by.usembassy.gov/u-s-citizen-services/internal-revenue-service-u-s-taxes/

Thank you. I think the Deloitte office is the best bet. The minsk embassy provides only consular services for US citizens, they can't help with CAA and ITIN. I think the next bet would be the CAA office in Moscow of the one in Minsk is a no go.

[seekingthetruth 1,248]

22 hours ago, Chancy said:

*** Moved from Bringing Family of USC forum to Tax & Finances During US Immigration, where topics related to applying for ITIN are discussed ***

 

 

Only the CAAs listed in the official IRS.gov website are legit.  A legit CAA would require physical presence of the ITIN applicant to verify their identity documents.

 

Most likely, all an agent like this can do, if legit, is review everything and then send it to the IRS ITIN processing center.  You can do this yourself, without any agent.  Most people don't like to do this because they have to mail the passport.

 

Option 1

Mail your W-7, tax return, proof of identity, and foreign status documents to:

Internal Revenue Service
Austin Service Center
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342

You will only file a tax return to the address above once, when you file Form W-7 to get an ITIN. In subsequent years, when you have an ITIN, you will file your tax return as directed in the form instructions.

If you will need your original documents for any purpose within 14 weeks of submitting your ITIN application, you may wish to apply in person at an IRS Taxpayer Assistance Center or CAA. You may also choose to submit certified copies of documents from the issuing agency instead of original documents. Original documents you submit will be returned to you at the mailing address shown on your Form W-7. You don't need to provide a return envelope. Applicants are permitted to include a prepaid Express Mail or courier envelope for faster return delivery of their documents. The IRS will then return the documents in the envelope provided by the applicant. If your original documents aren’t returned within 14 weeks, you can call the IRS at 800-908-9982 (U.S. only) or for international, call 267-941-1000 (this is not a toll-free number).

 

https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

 

You do realized that you must apply for an ITIN when you file your tax return?  There is no ad hoc filing for ITIN.

[arken 4,197]

On 11/11/2021 at 2:08 PM, ZRomper said:

I also plan to file 1040X forms with the IRS to amend my filing status to Married, filing separately once I get the ITIN number for my wife

You don't need an ITIN for your wife to file/amend your return as married filing separately. Why to go through ITIN hassle?

 

You can amend your last three years taxes to married filing jointly in you want once your spouse immigrates to the US and gets the SSN.

Edited November 14, 2021 by arken

[ZRomper 42]

5 hours ago, arken said:

You don't need an ITIN for your wife to file/amend your return as married filing separately. Why to go through ITIN hassle?

 

You can amend your last three years taxes to married filing jointly in you want once your spouse immigrates to the US and gets the SSN.

Oh @arken buddy you have made my day!!! You're absolutely right, she does NOT need an ITIN or an SSN if filing married filing separately:

https://www.irs.gov/pub/irs-pdf/p17.pdf - page 24 explains this, you just need to put NRA (non resident alien) for your wife's status.

 

Granted I miss out on the tax savings, but this saves me a ton of time. All I have to do now is file a correction return 1040X for 2019 and 2020 to change from single to married filing separately and i'm set!

 

Thank you so much!!!

Edited November 14, 2021 by ZRomper

[seekingthetruth 1,248]

17 minutes ago, ZRomper said:

What?! You don't?!?

But I tried filling out the 1040 for 2019 using TurboTax, one year that I missed and it's asking for an SSN or ITIN in the field, when I put all zeroes, it says invalid mask.

You are getting side tracked way off course.

 

1.  Married filing single is not how you want to file.  Married filing jointly is what you want and will save you thousands, unless you have a very unique tax situation.  You need the ITIN to file MFJ.  The ITIN process takes place the next time you file taxes, which I assume it for 2021.

 

2.  Your son.  You said something about CBR.  Did you mean CRBA?  Why did you not get him a SS # when filing CRBA?  You are missing a $3000 tax credit for you son one 2021 taxes and you can't get it until he has SS #.  Also missing claiming him as a dependent.

 

3.  Your adopted daughter MIGHT qualify as a dependent and child tax credit.  She would need an ATIN.  Research it.

 

I am not a tax professional, but I have a wife with an ITIN and two foreign born daughters with CRBA and SS #.  This probably saves me 10-20 k per year filing MFJ vs. filing single.

 

I would advise you to seek the advice of a qualified US tax professional to help you sort this out.  It will be worth the cost, and you need to do it quickly.  You can amend 3 years returns, but that is a rolling 3 years.

 

[ZRomper 42]

15 minutes ago, seekingthetruth said:

You are getting side tracked way off course.

 

1.  Married filing single is not how you want to file.  Married filing jointly is what you want and will save you thousands, unless you have a very unique tax situation.  You need the ITIN to file MFJ.  The ITIN process takes place the next time you file taxes, which I assume it for 2021.

 

2.  Your son.  You said something about CBR.  Did you mean CRBA?  Why did you not get him a SS # when filing CRBA?  You are missing a $3000 tax credit for you son one 2021 taxes and you can't get it until he has SS #.  Also missing claiming him as a dependent.

 

3.  Your adopted daughter MIGHT qualify as a dependent and child tax credit.  She would need an ATIN.  Research it.

 

I am not a tax professional, but I have a wife with an ITIN and two foreign born daughters with CRBA and SS #.  This probably saves me 10-20 k per year filing MFJ vs. filing single.

 

I would advise you to seek the advice of a qualified US tax professional to help you sort this out.  It will be worth the cost, and you need to do it quickly.  You can amend 3 years returns, but that is a rolling 3 years.

 

@seekingthetruth

 

I understand about the tax benefits you mention, however to me, it's not worth having to mail all of my wife's documents to Texas and expect them to come back here to Belarus, where it's common practice to open and "loose" documents coming from the US.

 

The tax bracket for MFS will still be $12,500 which suits me as I made less than that in 2019 here. My income really grew in 2020 and 2021, so for 2020 I already filed as a single and paid my taxes, I'll amend it to MFS status and won't have to pay anything extra.

 

Same for 2021, and you're right, I have a unique tax situation. Here in Belarus I also have to pay the Belarusian govt taxes (b/c i'm also a citizen of Belarus by birth) which are in excess of the US 12.5% rate I fall under. So to me, it makes absolutely no sense having something discounted on my US taxes as I'll have to pay the difference to the Belarusian govt, which I have no interest or intention of doing!

 

To answer the question about my son, where you're right, it was a CRBA certificate. Nobody in the US consulate in Minsk mentioned that I can file for an SSN for him, they just said I can get his passport. If I knew that I could, I'd definitely claim him, but like I mention above, I'd have to pay more taxes to the Belarusian govt then.

 

Also about rolling years and amending tax returns. I would only need to amend the 2020 tax return, which I have plenty of time to do. I missed filing 2019 taxes because I made less than 12,500$ during that year, so I didn't have to file, but I'll do it anyway for a complete record, so no issue there. For 2021 I'll file as MFS.

 

So for me, filing as married-filing-separately is the way to go atm until we come to the US.

 

Thank you for your suggestions!

Edited November 14, 2021 by ZRomper

[arken 4,197]

8 hours ago, ZRomper said:

Granted I miss out on the tax savings,

You can recuperate all missed tax savings of last three years from IRS once your wife immigrates, gets SSN, and you amend to MFJ.

 

[seekingthetruth 1,248]

16 hours ago, ZRomper said:

@seekingthetruth

 

I understand about the tax benefits you mention, however to me, it's not worth having to mail all of my wife's documents to Texas and expect them to come back here to Belarus, where it's common practice to open and "loose" documents coming from the US.

 

The tax bracket for MFS will still be $12,500 which suits me as I made less than that in 2019 here. My income really grew in 2020 and 2021, so for 2020 I already filed as a single and paid my taxes, I'll amend it to MFS status and won't have to pay anything extra.

 

Same for 2021, and you're right, I have a unique tax situation. Here in Belarus I also have to pay the Belarusian govt taxes (b/c i'm also a citizen of Belarus by birth) which are in excess of the US 12.5% rate I fall under. So to me, it makes absolutely no sense having something discounted on my US taxes as I'll have to pay the difference to the Belarusian govt, which I have no interest or intention of doing!

 

To answer the question about my son, where you're right, it was a CRBA certificate. Nobody in the US consulate in Minsk mentioned that I can file for an SSN for him, they just said I can get his passport. If I knew that I could, I'd definitely claim him, but like I mention above, I'd have to pay more taxes to the Belarusian govt then.

 

Also about rolling years and amending tax returns. I would only need to amend the 2020 tax return, which I have plenty of time to do. I missed filing 2019 taxes because I made less than 12,500$ during that year, so I didn't have to file, but I'll do it anyway for a complete record, so no issue there. For 2021 I'll file as MFS.

 

So for me, filing as married-filing-separately is the way to go atm until we come to the US.

 

Thank you for your suggestions!

Good luck!  Of course I have no understanding of the Belerus tax situation.  If you have not already done so, it might be worth it to consult with a tax expert familiar with both countries.

 

If you end up going to Deloitte, you might be able to milk them for some free advice when filing your for you ITIN.  They did my taxes when I lived in Germany and I had to file returns in both Germany and the US.  They did a good job for me.  However, I did not care about the cost because the company payed for it.