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Married but wife not living in US
- Thread starter Tintinx
- Start date
Originally posted by Tintinx
Hi Guys
I got married last year and my wife is still living in my home country. I just got my GC approved and working on follow-to-join for her. Does anyone know if i need to report her income on my tax returns for 2003?
Any input is appreciated.
Thanks in advance
Personal opinion: SHe is not a GC holder, did not work in the US, therefore NO.
I am in the same situation. You have to file married filing jointly and include her in your tax return. However, she will have to sign the Tax return before you file it unless you are doing it electronically.
Even if you married her on December 31, 2003, you should still include her in your return.
The only problem I can see in your case is that your wife probably does not have a SSN, so I am not sure how you can file for her. I think you need to contact a Tax lawyer and get some info on this.
Even if you married her on December 31, 2003, you should still include her in your return.
The only problem I can see in your case is that your wife probably does not have a SSN, so I am not sure how you can file for her. I think you need to contact a Tax lawyer and get some info on this.
Last edited by a moderator:
I was just thinking about it. My case is a little different from yours. My wife was with me in the US initially on a H-4 Visa, but decided to go back to India for personal reasons. So, while she was here, I had already started filing Jointly, and she did have a SSN.
Better to consult a Tax attorney and also call the IRS to get better answers. You can email the IRS also giving your information and they are pretty prompt in responding. That way, if you are questioned later on, you have written proof of what was told to you by a representative of the IRS.
Better to consult a Tax attorney and also call the IRS to get better answers. You can email the IRS also giving your information and they are pretty prompt in responding. That way, if you are questioned later on, you have written proof of what was told to you by a representative of the IRS.
Originally posted by Tintinx
Thanks rg585,
If this is the case, does she have to report her income? or is she considered exempt?
Yes my wife does not have an SSN. What did you do in your case?
Regards
Why don't you visit a local H&R Block? They know all the Tax laws and regulations..
If you need to file jointly, then your wife needs an ITIN number, which can take between 1-2 months to obtain.
TheRealCanadian
Volunteer Moderator
Originally posted by Tintinx
I got married last year and my wife is still living in my home country. I just got my GC approved and working on follow-to-join for her. Does anyone know if i need to report her income on my tax returns for 2003?
You must file as married filing jointly, or married filing seperately. If you choose the latter option, you do not need to declare her income but your taxes will probably be significantly higher if she has negligible income since there are lower deductions with MFS.
She will need an ITIN. File a W-7 with your 1040 and you'll be good.
To help us, how much money (roughly) did your wife make last year? How much did you?
WheresMahGreen
Registered Users (C)
Here's what you need to do:
1. If you want to include your wife in your tax return, then you should fill out form W7 and have your wife sign it. In order for IRS to process this form to issue an ITIN, you should submit notarized copies of your wife's passport to establish foreign status. You can either have your wife send her passport to you and get notarized here or have her go to a local US Consulate and get it notarized. There is a $30 fee associated with it if you take the latter route.
2. Second, you and your wife should sign a letter stating that she wishes to be treated as a resident for US tax purposes although she was a nonresident. Refer to pub 509 for more information on how a nonresident spouse can elect to be treated as a resident. If your wife had any income in the year 2003, then you will be taxed on your combined worldwide income. If your wife had little or no income, then there is nothing much to worry about.
3. Complete form 1040 and send it along with the form W-7 and supporting documents to the address mentioned on the instruction packet of form W-7. Please note that you should not send it to the regular IRS address.
Finally, the tax accountant I consulted told me that I could file the tax as a single person now and perhaps, if need be, file an amended return once my wife arrives here and obtains an SSN. Alternately, I could file for an extension -- apparently, we have until October to file the tax returns without penalty but we have to keep filing extensions to borrow time.
1. If you want to include your wife in your tax return, then you should fill out form W7 and have your wife sign it. In order for IRS to process this form to issue an ITIN, you should submit notarized copies of your wife's passport to establish foreign status. You can either have your wife send her passport to you and get notarized here or have her go to a local US Consulate and get it notarized. There is a $30 fee associated with it if you take the latter route.
2. Second, you and your wife should sign a letter stating that she wishes to be treated as a resident for US tax purposes although she was a nonresident. Refer to pub 509 for more information on how a nonresident spouse can elect to be treated as a resident. If your wife had any income in the year 2003, then you will be taxed on your combined worldwide income. If your wife had little or no income, then there is nothing much to worry about.
3. Complete form 1040 and send it along with the form W-7 and supporting documents to the address mentioned on the instruction packet of form W-7. Please note that you should not send it to the regular IRS address.
Finally, the tax accountant I consulted told me that I could file the tax as a single person now and perhaps, if need be, file an amended return once my wife arrives here and obtains an SSN. Alternately, I could file for an extension -- apparently, we have until October to file the tax returns without penalty but we have to keep filing extensions to borrow time.
Thanks guys for all your help.
TheRealCanadian,
My wife's income is negligible compared to US.
WheresMahGreen,
From what you said, do i understand this is optional? Can I opt to file as single? and can this cause issues when my wife's gets her interview?
It does not seem logical for someone to want to be taxed on his income while not enjoying any benefits in the US!
Regards
TheRealCanadian,
My wife's income is negligible compared to US.
WheresMahGreen,
From what you said, do i understand this is optional? Can I opt to file as single? and can this cause issues when my wife's gets her interview?
It does not seem logical for someone to want to be taxed on his income while not enjoying any benefits in the US!
Regards
WheresMahGreen
Registered Users (C)
From the information I have, it appears to be optional. However, I am no tax attorney so don't take my word on it.
Personally, I don't expect it to cause any issue during the wife's interview process. On the contrary, the way I see it, one is establishing documentary evidence of his/her relationship with the spouse by filing a joint return.
As for your thoughts on why would anyone want to subject themselves to US taxes without availing the benefits, well, in your case, it depends on whether you want to be taxed at a single persons rate or a married-filing-jointly rate.
Personally, I don't expect it to cause any issue during the wife's interview process. On the contrary, the way I see it, one is establishing documentary evidence of his/her relationship with the spouse by filing a joint return.
As for your thoughts on why would anyone want to subject themselves to US taxes without availing the benefits, well, in your case, it depends on whether you want to be taxed at a single persons rate or a married-filing-jointly rate.
Originally posted by Tintinx
Thanks guys for all your help.
TheRealCanadian,
My wife's income is negligible compared to US.
WheresMahGreen,
From what you said, do i understand this is optional? Can I opt to file as single? and can this cause issues when my wife's gets her interview?
It does not seem logical for someone to want to be taxed on his income while not enjoying any benefits in the US!
Regards
The case you have seems like similar issue as having some small foreign income.
So you can not get it here(well from India atleast) and enjoy the benefits and but still pay tax..
In your wife's case, if she is working, she might be taxed already in the country of origin. And if she gets taxed here also, it is double tax.
There might be a double taxation avoidance treaty or something similar with that country which might help. But I think it will need a tax expert to say more or for you to research a lot...
Please let us know what you eventually decide..
So you can not get it here(well from India atleast) and enjoy the benefits and but still pay tax..
In your wife's case, if she is working, she might be taxed already in the country of origin. And if she gets taxed here also, it is double tax.
There might be a double taxation avoidance treaty or something similar with that country which might help. But I think it will need a tax expert to say more or for you to research a lot...
Please let us know what you eventually decide..
TheRealCanadian
Volunteer Moderator
Originally posted by WheresMahGreen
As for your thoughts on why would anyone want to subject themselves to US taxes without availing the benefits, well, in your case, it depends on whether you want to be taxed at a single persons rate or a married-filing-jointly rate.
That's the question, right there. In the case of a spouse having little to no income, it's more advantageous to declare the spouse's income but the higher deductions and brackets means that you end up paying less tax to the US.
Under the USA/Canada Tax Treaty, I had the right to file a "full-year" 1040 declaring all of my and my wife's Canadian and US income, then taking a credit against the Canadian taxes. It worked out cheaper this way. Worth considering.