Question about new W4 forms??

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dj36

Registered Users (C)
I have a question/just making sure....my husband and I were married in March and we've filled out applications and are waiting... I (USC) am starting a new job in August. In box 3 of the W4 (single/married, etc), it says Note: if married but legally separated, or spouse is a nonresident alien, then check the single box.

I'm assuming that I am supposed to mark it as single, until he receives his EAD to work, correct?
 
Your spouse is no longer a nonresident alien after filing I485 - his status is 'pending AOS' and so it may very well be that you do have to say married. I dont know for sure about this, but I am pretty sure the nonresident alien that is referred to there does not refer to someone whose permanent residence is pending.

Just my thoughts
 
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It depends if you claim your spouse as a dependent when filing your taxes.

By chosing 1 they will take more out of your paycheck during the year and you will get a bigger refund when filing your taxes.

If you claim your spouse on W4 they will take out less from your paycheck but your refund may be less.

If you can just claim yourself (1) that way you get more back when filing your 2006 taxes.

I have 2 dependents and I claim 1 for myself on my W4 I always get a huge refund because of this. ALso I was claiming wy wy on my taxes even when she was out of status before we filed her I-485. We just got her an ITTN number and filed jointly.

By the way you can Change your W4 anytime you want , If you decide later to change it to (2) you can ask your employer and they will give you a new one to submit.
 
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We got married in Sept. 05, and my wife and i did not change our W4 until like Apr. 06. We both had our old W4 as single person with no dependents. I would consult with your company's HR to see what the impact and the tax implication is if you were to update your W4. I'm sure they will be happy to discuss it with you; at least mine did.

Or you can talk to your accountant if you have one.

Good luck,
Jimmy C.
 
It is nonresident for tax purposes, which has little to do with immigrant status (IRS has its own definitions). I was resident for tax purposes for part of the time I was on a J-1 non-immigrant visa. If you are married to a USC or if you have stayed in the U.S. for more than five years, then you are (or can choose to be) resident for tax purposes. It is generally beneficial to file taxes as a resident because you become eligible for more deductions and credits.

As Addie_Goodvibes has already explained, the number of exemptions on the W-4 and whether you check "married" or "single" determines how much tax is withheld from your pay check. It is always safe to check "single" and select a lower number of exemptions than you might be allowed, because it just means that you will get more back when you file your taxes. If you have too many expemptions on your W-4, then you risk owing taxes at the end of the year. While it is very nice to receive a large refund, having to much withheld basically means that you are giving the goverment an interest-free loan. It is financially (but perhaps not psychologically ;) ) best to have the right number of exemptions, so that you get a very small refund and keep more of your pay check. It can be a bit tricky to figure out the right number of exemptions, but the instructions on the W-4 work well if you have a steady income and a fairly normal family situation. Myself, for example, file jointly with my wife and we have a small child, so I check "married" and claim five (5) exemptions. I did so last year and got a nominal tax refund.

Nonresidents for tax purposes cannot file joint returns, so they are required to check "single" and can have at most one (1) exemption.
 
By the way, be careful if you and your spouse have roughly the same salary. The exemption calculation works best if one makes significantly more than the other. The person who makes less should claim zero (0) exemptions (or possibly 1) to be on the safe side. I think the W-4 instructions mention this fact. If you make the same, then you may still want to claim zero exemptions for one of you. You could end up owing the IRS money if both select a high number of exemptions.
 
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