Tax for J1---URGENT

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therapy111

Registered Users (C)
i have a J1 visa and my wife has a J2 visa. We filed our taxes as married filing jointly. IRS told me that we should file as married filing separately. Of Course, married filing separately would increase the taxes that I should pay.

My accountant tells me that IRS is wrong. Which one is the wrong one?
 
Therapy,
INS is worng. I filled as married filing jointly for three years.

therapy111 said:
i have a J1 visa and my wife has a J2 visa. We filed our taxes as married filing jointly. IRS told me that we should file as married filing separately. Of Course, married filing separately would increase the taxes that I should pay.

My accountant tells me that IRS is wrong. Which one is the wrong one?
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I filed married filing jointly. My accountant checked number 3) married US national on April 2005. I told him to check other married nonresident alien,but he said no. My wife has a J2 visa. Now, IRS insists that I should file married filing separately. IRS required me to pay much more taxes with penalities and interests. I called IRS tens of times. Sometimes,they say that they will process the return again, some of the IRS who answered the phone say that I should make amendment. Some say that I can not file marrying jointly because I am a nonresident alien.

Also, I send my return on time. At first,they said that they did not receive it. Then, I send another one after five months. After 7 months, they said that they found the first one and told me that they will waive penality for late filing. After one more month, they said that they lost the return again and I should pay the penality.

My accountant decided to leave me as he is confused. he said that they will do nothing for me.


What should I do?
 
Sue your accountant! Clearly, "married U.S. national on April 2005" cannot hold for you since you both have non-immigrant visas.

If you have been in the U.S. for up to 5 years, you should file as non-resident (1040-NR or 1040-NR-EZ). After more than 5 years in the U.S., you can file as resident for tax purposes. I do not know if you can file a joint return, however, unless you are a resident for tax purposes. I am married to a U.S. citizen, so I file jointly with her, but I also was a resident for tax purposes before we got married. Just because "abeshaw" files jointly and the IRS has not complained does not mean that he/she can do so. After all, IRS audits only a fraction of all returns.
 
Besides, as a non-resident married to a non-resident, your employer should not allow you to claim more than one exemption on your paycheck. If you have more than one exception on your paycheck, then you need to change that so that enough tax is withheld.

Sorry you have such trouble, but I think it is clear from the 1040-NR form that you cannot claim an exemption for your spouse unless you are from certain countries. If your accountant lead you to believe differently, you need to take it up with him/her.
 
I know that on F & J you can not claim dependants initially. This phases out after a certain amount of time spent in US: I think it is three tax years but not sure. And 3 yrs might be one december and 2 yrs. There is an IRS publication, I think 509 that has a chart how to calculate the days you have been in US on F & J and then it says if you are considered permanent resident for tax purposes or no.
The 1st year I calimed the dependants I did it with H&R block since they guarantee their work; it went through OK.
 
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