Tax file question

[mohamadan 0]

Anyone who is waiting for K3/IR1 for their spouse, thinking to tax file as Married and claim their wife as depend for this year?

Please forward me to other forum which already have answered this. Thanks !

[YuAndDan 153]

If foreign spouse is still out of the country, you can get an ITIN from IRS to add spouse to IRS filing.

http://www.irs.gov/individuals/article/0,,id=96287,00.html

For K-3 and CR-1

Nonresident Spouse Treated as a Resident

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident.

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

• A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Edited September 29, 2007 by YuAndDan

[pushbrk 12,254]

If foreign spouse is still out of the country, you can get an ITIN from IRS to add spouse to IRS filing.

http://www.irs.gov/individuals/article/0,,id=96287,00.html

For K-3 and CR-1

Nonresident Spouse Treated as a Resident

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident.

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

• A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Although this is possible, it can be cumbersome because of the need to have the passport in the US or get a copy notarized at a US Consulate abroad or verified potentially at an IRS office abroad.

Another option is to file as single now and amend the return after she arrives.

[mohamadan 0]

Thanks for the very helpful information

[lerry&luisa 0]

Thanks for the very helpful information

Downfall is if you are self-employed and of course need all the taxbreaks possible, IRS explained to me that If my husband gets here before December 31 of this year I am required to file married which takes away my Head of Household tax break. Regardless, if you are supporting your wife/husband.

[AMV 0]

"Another option is to file as single now and amend the return after she arrives."

Pushbrk,

It is very dangerouse to follow your advice. If he/she is married she/he MUST state it. otherwise they will be in bad situation.

They have two opptions: Married filing separatly or Married filing jointly.

If a peson is married but he/she claim himself/herself as a single it will create a lot of problem after ...

[doodads 0]

"Another option is to file as single now and amend the return after she arrives."

Pushbrk,

It is very dangerouse to follow your advice. If he/she is married she/he MUST state it. otherwise they will be in bad situation.

They have two opptions: Married filing separatly or Married filing jointly.

If a peson is married but he/she claim himself/herself as a single it will create a lot of problem after ...

Not true. I filed single status before my wife got her ITIN number. Once she got it, I amended the return and filed jointly. I don't know if you can file jointly without a social security/ITIN number.

The IRS doesn't care. They have your extra money from filing single until you file an amended return.

[Alt name 1]

I was flat out told by a tax specialist at the IRS that I could file under my current status (HOH) and amend the return after she arrives.

Married/jointly - they told us to declare her income, we are doing so by attaching her monthly salary slips that she got for each pay period. I verified that this was OK. (not saying that IRS advice is always accurate but this guy seemed pretty straight forward)

[mgk 0]

Not really! Pushbrk is right, I have opted that route for this tax year. ( If you spouse is residing outside the country and has not yet been here yet - you can go for single status and than amend once your spouse comes here.)

You have ONLY the below two options after your spouse joins you here.

"Another option is to file as single now and amend the return after she arrives."

Pushbrk,

It is very dangerouse to follow your advice. If he/she is married she/he MUST state it. otherwise they will be in bad situation.

They have two opptions: Married filing separatly or Married filing jointly.

If a peson is married but he/she claim himself/herself as a single it will create a lot of problem after ...

[Jimmy and Angela 0]

I will be filing Married jointly. I was advised by a phone call to the IRS that this would be the best way for me to go.

[desert_fox 32]

Thanks for the very helpful information

Downfall is if you are self-employed and of course need all the taxbreaks possible, IRS explained to me that If my husband gets here before December 31 of this year I am required to file married which takes away my Head of Household tax break. Regardless, if you are supporting your wife/husband.

??

If you are married, you cannot file as head of household.

Besides the extra exemption from you spouse will give you more of a benefit than head of household would have offered.

[Alt name 1]

I currently fall under HOH status because of my children, not my spouse. I can most certainly can file head of household (keep my same filing status), as if my spouse had never arrived. (she won't by the end of today lol)

When I amend, then the additional tax that I paid by originally filing head of household only and claiming myself/2 children only will be returned to me at that time.

Or I choose to wait and file married and jointly and claim her income if I want to.

If you are saying that my spouse does not entitle me to HOH status you are correct. You CAN file under your current status however and amend if you choose.

Thanks for the very helpful information

Downfall is if you are self-employed and of course need all the taxbreaks possible, IRS explained to me that If my husband gets here before December 31 of this year I am required to file married which takes away my Head of Household tax break. Regardless, if you are supporting your wife/husband.

??

If you are married, you cannot file as head of household.

Besides the extra exemption from you spouse will give you more of a benefit than head of household would have offered.

[rjp44 1]

When I talked to the IRS specialist on ITIN numbers, he told me that application for SSN is part of the DS-230 and aliens cannot have application for both under the latest rules. He advised me to figure my taxes as married making sure I've paid in enough to cover taxes due, and file for an extension, which is automatically given. Then when my wife is here and has a SSN, file the taxes. Her income has to be reported, but then is taken back off as foreign earned income as long as it's not a very large amount.

[koltrone 0]

In my case I was married since 2004 and my husband was told to file as "single". he just had his full time job mid 2007. If he choose to file "Married filing separately" are they going to look for the documents like my pay stubs, etc? I am not paying tax because I am not working. thanks for your help