Does marriage-based GC Holder have to file joint tax return?

B

bika

New Member
Does a marriage-based GC Holder have to file taxes as "Married Filing Jointly"? or is it sufficient to file married filing separatley.

Will there be any issues later for citizenship?
 
bika said:
Does a marriage-based GC Holder have to file taxes as "Married Filing Jointly"? or is it sufficient to file married filing separatley.

Will there be any issues later for citizenship?
Click to expand...

It's not mandatory. Filing tax jointly is just one of many ways to show that the marriage is not fraud. If the marriage is not fraud and the couple has other means to prove so (e.g. living in same house, have children together, have joint bank account, both are covered in same health insurance, spouse is the beneficiary of life insurance/retirement benefits), they can file separately.
 
harvydonald said:
I've asked the same question to a CPA (not an immigration lawyer)
He said legally you can file "married filing jointly" or "married filing separatly"
If filing one way reduces your tax liability then you should follow that method.

http://www.fool.com/taxes/2000/taxes000526.htm
Click to expand...

Interesting. This article talked about "innocent spouse". I know a similar case in my local area where the husband took loan against his house, have not filed tax returns (with significant tax due) and fled away to India. His wife and children was on the street without house, car and had to file bankruptcy soon. Unfortunately IRS did not provide any relief to her (except for a small amount and extending the time for payment). She is still paying penalties.
 
pralay said:
Interesting. This article talked about "innocent spouse". I know a similar case in my local area where the husband took loan against his house, have not filed tax returns (with significant tax due) and fled away to India. His wife and children was on the street without house, car and had to file bankruptcy soon. Unfortunately IRS did not provide any relief to her (except for a small amount and extending the time for payment). She is still paying penalties.
Click to expand...

Bankruptcy never protect tax liens. If you owe IRS taxes, then
you owe IRS taxes forever.
 
AmericanWannabe said:
Bankruptcy never protect tax liens. If you owe IRS taxes, then
you owe IRS taxes forever.
Click to expand...

I talked about "innocent spouse" rule (IRS pub 571). Not about bankruptcy. Using this rule she got relief for very small amount (less than 10%) and she got extension for the date of her payment. That's all. It has nothing to do with bankruptcy.
 
Last edited by a moderator:
You must log in or register to reply here.
Top