Joint Tax filing ?

R

Rahul Kumar

Registered Users (C)
As you know I got married 3 weeks ago and my spouse is still in India. When I file my 04 tax returns next year, can I file with a status of 'Married filing jointly' ? My spouse does not have an SSN yet.

In essence, can I get a tax break or not?

thanks
 
Rahul Kumar said:
As you know I got married 3 weeks ago and my spouse is still in India. When I file my 04 tax returns next year, can I file with a status of 'Married filing jointly' ? My spouse does not have an SSN yet.

In essence, can I get a tax break or not?

thanks
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Yes, you can file jointly. But you have to do the following

(1) A letter from your wife saying that she wants to be treated as resident alien for tax purposes.

(2) YOu have to report her income from India in your return. But you have upto $80k as foreign income exclusion. So you come out ahead.

Step 1: She needs to get ITIN number for you to file. Download form W-7 from IRS site. For notary signature you need to go to US consulate. It typically takes about 6-8 weeks to get the number.

I did the same thing for my case last year. Please read IRS publication 519 which details these issues.

Sundar
 
Rahul:
Alternatively, if you think she could be in US by next June/July than you can think about getting extension for tax file, which can give you time up to Oct 15, 05 for 04 taxes and you need to manage either SSN or TIN before that and you should be fine than.
 
Kind_SD said:
Rahul:
Alternatively, if you think she could be in US by next June/July than you can think about getting extension for tax file, which can give you time up to Oct 15, 05 for 04 taxes and you need to manage either SSN or TIN before that and you should be fine than.
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But keep in mind that ur spouse should stay with you to claim as dependent. If she is not staying with you in this year, I don't think you can file jointly.
IRS guide can give more details about timeframe, I think its 90 days or so, your spose /child has to stay with you, to claim them as dependent , else they are not dependent.
 
GCLookup said:
But keep in mind that ur spouse should stay with you to claim as dependent. If she is not staying with you in this year, I don't think you can file jointly.
IRS guide can give more details about timeframe, I think its 90 days or so, your spose /child has to stay with you, to claim them as dependent , else they are not dependent.
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I am in the same position as Rahul and that was my first thought and did not pursue it further. How would the "alien" spouse be eligible for TIN even though never entered US?
 
GCLookup said:
But keep in mind that ur spouse should stay with you to claim as dependent. If she is not staying with you in this year, I don't think you can file jointly.
IRS guide can give more details about timeframe, I think its 90 days or so, your spose /child has to stay with you, to claim them as dependent , else they are not dependent.
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When you file jointly, your spouse is not a dependent. There is no criteria of staying together. I read IRS publication last year for my case. My wife was still in India and based on my understanding of regulation, it was ok. They have given specific cases where the person does not reside with you in the country.

Sundar
 
phillydude said:
I am in the same position as Rahul and that was my first thought and did not pursue it further. How would the "alien" spouse be eligible for TIN even though never entered US?
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ITIN number is for people who can not get SS number. In the present case, your wife can get ITIN number as spouse of resident alien or US citizen.

Please read publication 519. It is long but gives detail on the situation discussed in this thread. I read that publication and others before filing my return for 2003. For what it is worth, it was accepted and got a big refund.

Sundar
 
Sundar_vaidya said:
ITIN number is for people who can not get SS number. In the present case, your wife can get ITIN number as spouse of resident alien or US citizen.

Please read publication 519. It is long but gives detail on the situation discussed in this thread. I read that publication and others before filing my return for 2003. For what it is worth, it was accepted and got a big refund.

Sundar
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Definitely worth taking a look. Here is the form for W7 and it does say foreign address for spouses of US citizen. I will take a close look at it tonight.
http://www.irs.gov/pub/irs-pdf/fw7.pdf
 
phillydude said:
I am in the same position as Rahul and that was my first thought and did not pursue it further. How would the "alien" spouse be eligible for TIN even though never entered US?
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I don't think "Alien" has to enter US to apply for TIN. It can be applied/obtained without coming to US. But I see problem while claiming them as dependent. Spouse/Child has to stay for certain No of days(I think 90) to be eligible as dependent in Tax Return. In that case whats use of TIN?? This is my understanding but IRS guide can give more insight on this issue.
 
Sundar_vaidya said:
ITIN number is for people who can not get SS number. In the present case, your wife can get ITIN number as spouse of resident alien or US citizen.

Please read publication 519. It is long but gives detail on the situation discussed in this thread. I read that publication and others before filing my return for 2003. For what it is worth, it was accepted and got a big refund.

Sundar
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You are right! Here you go....
 
Sundar_vaidya said:
ITIN number is for people who can not get SS number. In the present case, your wife can get ITIN number as spouse of resident alien or US citizen.

Please read publication 519. It is long but gives detail on the situation discussed in this thread. I read that publication and others before filing my return for 2003. For what it is worth, it was accepted and got a big refund.

Sundar
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I am not Tax expert but can share my personal similar experience .

When I came to US in 97 (sometime in Sep-97), I was alone in US, my wife was back in India. My wife came to US in early 98 sometime. I filed my tax return for 97 thru HR Block. They asked bunch of q/s as per their computer program and concluded that as my wife is not staying required days with me for the 97, I can't file jointly as well no benefits as dependent. I have to file individual Tax return for 97.
I don't know if IRS law is changed since 97 or IRS has some different treatment for H1's and citizens( I think IRS treats all taxpayers same). Or HR block interpreted law differently.
 
GCLookup said:
I am not Tax expert but can share my personal similar experience .

When I came to US in 97 (sometime in Sep-97), I was alone in US, my wife was back in India. My wife came to US in early 98 sometime. I filed my tax return for 97 thru HR Block. They asked bunch of q/s as per their computer program and concluded that as my wife is not staying required days with me for the 97, I can't file jointly as well no benefits as dependent. I have to file individual Tax return for 97.
I don't know if IRS law is changed since 97 or IRS has some different treatment for H1's and citizens( I think IRS treats all taxpayers same). Or HR block interpreted law differently.
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One of the spouse has to be a US citizen or alien resident, I assume you were neither.
 
phillydude said:
One of the spouse has to be a US citizen or alien resident, I assume you were neither.
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You hit the nail on the head. The spouse can be considered as resident alien for tax purposes only if the other person is a resident alien or US citizen.

I also filed 8825 (?) for foreign income exclusion as my wife was working in India.


Sundar
P.S. I used Tax Cut (H&R Block product) last year to file and it gave me the form when I went through question and answer.
 
Sundar_vaidya said:
You hit the nail on the head. The spouse can be considered as resident alien for tax purposes only if the other person is a resident alien or US citizen.

I also filed 8825 (?) for foreign income exclusion as my wife was working in India.


Sundar
P.S. I used Tax Cut (H&R Block product) last year to file and it gave me the form when I went through question and answer.
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If its TRUE, then its a big HOLE. In USA, there are so many singles files taxes as individual can fake some marriage(with some prenuptual agreement) and get marriage tax benefits. As anyway they are not required to stay together for anytime. I am just overly imaginative but looks fishy.
 
GCLookup said:
If its TRUE, then its a big HOLE. In USA, there are so many singles files taxes as individual can fake some marriage(with some prenuptual agreement) and get marriage tax benefits. As anyway they are not required to stay together for anytime. I am just overly imaginative but looks fishy.
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Are you saying cheat for just one tax year? Its not worth the risk of getting audited and getting under IRS microscope for the rest of the life just for a few bucks (based on the income ofcourse).
 
Dear Sundar (and others),

Thanks a lot for your valuable advice. I will visit the embassy to submit/notarize a W-7.

PS: How was your wife's interview?
 
QUESTION:

On Form W-7 (instructions) it says that if you checked box b,c,d,e,g you MUST file a completed tax return and attach it to the W-7.

I am applying a W-7 for my spouse who has never lived or worked in the US .. Does this mean i can apply for ITIN for my spouse only when I file my 04 return ?
 
If you are taking care of someone oversea and you can prove that by the money you are sending them, then I think the person become a dependant of yours eventhough the person never been in the usa.
Yes if you have the itin number, you can claim the person on the your taxes.
 
mhdia said:
If you are taking care of someone oversea and you can prove that by the money you are sending them, then I think the person become a dependant of yours eventhough the person never been in the usa.
Yes if you have the itin number, you can claim the person on the your taxes.
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Not TRUE. I asked Tax consultant, he mentioned that dependent has to be staying with you for some minimum days
 
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