Thursday, December 26, 2013

Tax Return and Foreign Spouse

Posted on 8:40 AM by Unknown
Over at VisaJourney.com we read the following thread:
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Posted Yesterday, 02:47 PM
My spouse was visiting me (on a B1/B2) for the first 6-mo. The last 6-mo she is in India. I wonder if I can (or should) claim her as a dependent on my Tax Return for 2013?
Obviously, she does not have a SSN. Please advise.

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Consulate : Mumbai, India
Marriage (if applicable): 2013-07-05
I-130 Sent : 2013-07-20
I-130 NOA1 : 2013-07-26

    #2 dwheels76

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    Posted Yesterday, 02:53 PM
    bkghosh, on 25 Dec 2013 - 1:47 PM, said:
    My spouse was visiting me (on a B1/B2) for the first 6-mo. The last 6-mo she is in India. I wonder if I can (or should) claim her as a dependent on my Tax Return for 2013?
    Obviously, she does not have a SSN. Please advise.


    No you don't claim spouses as dependents. You can file Married filing separate (no SS needed). Or you can file the necessary documentatio to get a ITN for the IRS and file Married filing jointly (better tax break).

    But yes you can file Married filing separate than when she gets here and gets SS amend your taxes.
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      #3 christeen

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      Posted Yesterday, 02:53 PM
      First, a spouse is NEVER a dependent... And you have to get them a SSN or ITTN (for non residents) to jointly file... And your spouse was on a B1/2 thus VISITING you on a tourist visa NOT technically living in the USA... You can file married filing seperate, then when they arrive and get SSN, back file a correction and file jointly... 
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        #4 takingtoolong

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        Posted Yesterday, 06:23 PM
        I see a few posts above that say that if your spouse is abroad (and for our purposes not a green card holder or citizen of the U.S.), then one one should file as "Married filing separately". I do not think that you have to file this way. I think that as long as you are married, you can file as "Married filing jointly". This would of course require a ITTN.

        I am not sure -- just my opinion. I will be trying to find out more about this before filing taxes.

        I would like to file as "Married filing jointly" because it meas a better tax refund! In fact, if you wife has income abroad and paid taxes on that income, there is even a better tax refund.
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          #5 christeen

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          Posted Yesterday, 08:25 PM
          takingtoolong, on 25 Dec 2013 - 5:23 PM, said:
          I see a few posts above that say that if your spouse is abroad (and for our purposes not a green card holder or citizen of the U.S.), then one one should file as "Married filing separately". I do not think that you have to file this way. I think that as long as you are married, you can file as "Married filing jointly". This would of course require a ITTN.

          I am not sure -- just my opinion. I will be trying to find out more about this before filing taxes.

          I would like to file as "Married filing jointly" because it meas a better tax refund! In fact, if you wife has income abroad and paid taxes on that income, there is even a better tax refund.
          To be specific ... Our posts both indicated that WITHOUT and ITTN or SSN ( which the OP indicated was Thea case) they cannot file jointly and must file seperate and backfire once they obtain a number... And the OP asked about claiming as a dependent which is NEvEr the case... 
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          10/14/2000 - Met Aboard a Cruise ship
          06/14/2003 - Married Savona Italy

          Immigration Process
          I-130
          04/21/2009 - I-130 Mailed to Chicago lockbox
          11-04-09: Interview Date... APPROVED!!!! A few hoops to jump through, but passed!!!!!
          11-10-09: POE Charlotte!!! Arrived!!! YAY! thanks everyone on VJ for helping me through my journey
          11-28-09: Recd Social Securty Card in the Mail and Welcome letter
          11-30-09: GOT GREEN CARD in mail!!!!!!

          Citizenship Process;
          1/11/2013: Mailed N400 to Dallas Texas
          1/22/2013: NOA rec'd
          1/30/3013: biometrics appt
          3/11/2013: interview.. Approved
          4/4/2013. : Oath! Now a U.S. citizen!

            #6 NLR

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            Posted Yesterday, 08:43 PM
            The other option if you think you'll be far enough in the process to do so is ask for an extension.  We did that so were able to file as MFS after I arrived in the USA and had an SSN.  Next year we'll file as MFJ (even though it makes my taxes complicated as I have to file in both my home country and the USA because I worked in both places in 2013.)   

            Everyone should check if they move and work in two places in the year to see if they still have to file taxes in their home country as well as the USA. 

            Edited by NLR, Yesterday, 08:43 PM.
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              #7 Patra&Ricardo

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              Posted Yesterday, 10:29 PM
              Hey guys,

              I am so happy to see this post as I am a little confused as to what to do about helping my husband who is a Permanent Resident file his taxes next month. Last year when we filed his taxes we filed as single although we got married January 2012.
              We were actually told to do so by the tax preparer because he said I am not living in the US. Now I am guessing that was the wrong thing to do, are we going to have to amend his last year taxes? If I apply for a ITTN now do you know how long it would take to get it?

              Just some extra info, We just recently filed the I130 Petition with a Priority Date of December 2, and I am currently in the US visiting my hubby.
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                #8 dwheels76

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                Posted Yesterday, 10:44 PM
                Patra&Ricardo, on 25 Dec 2013 - 9:29 PM, said:
                Hey guys,

                I am so happy to see this post as I am a little confused as to what to do about helping my husband who is a Permanent Resident file his taxes next month. Last year when we filed his taxes we filed as single although we got married January 2012.
                We were actually told to do so by the tax preparer because he said I am not living in the US. Now I am guessing that was the wrong thing to do, are we going to have to amend his last year taxes? If I apply for a ITTN now do you know how long it would take to get it?

                Just some extra info, We just recently filed the I130 Petition with a Priority Date of December 2, and I am currently in the US visiting my hubby.

                Since you are here what i would do before you go is you both go to the IRS office with your passport and you will fill out the W8 and they will take photocopy of your passport and start on the ITN (i hear it takes a few weeks) all in time for next tax season. Than hubby can amend 2012 and send in when he does his 2013.

                Reason why i say go to the IRS office is to apply your husband would need a certified copy of your passport (I have heard some just send in their actual passport....risky to say the least).

                Or you could just wait, your husband file Married filing separate (No SS# or ITN needed) for his 2013 tax return and you just amend 2012 and 2013 when you get here and get SS#

                It's up to you.
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                  #9 Patra&Ricardo

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                  Posted Yesterday, 11:16 PM
                  dwheels76, on 25 Dec 2013 - 9:44 PM, said:

                  Since you are here what i would do before you go is you both go to the IRS office with your passport and you will fill out the W8 and they will take photocopy of your passport and start on the ITN (i hear it takes a few weeks) all in time for next tax season. Than hubby can amend 2012 and send in when he does his 2013.

                  Reason why i say go to the IRS office is to apply your husband would need a certified copy of your passport (I have heard some just send in their actual passport....risky to say the least).

                  Or you could just wait, your husband file Married filing separate (No SS# or ITN needed) for his 2013 tax return and you just amend 2012 and 2013 when you get here and get SS#

                  It's up to you.

                  Hi Dwheels76,

                  Thanks for replying. Ok i definitely see my two options. I would have to think about it a bit and discuss it with my hubby to see what to do. Just a additional question, if he files married filing separate does he get back more refund than just filing single (I know he can't file single anymore), just trying to understand the different tax brackets.
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                    #10 Rich and Wen

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                    Posted Today, 12:49 AM
                    Speaking as a person who has worked in the tax preparation business for many years, Married Filing Separate (MFS) is the worst tax bracket, with the highest rates. It also prevents you from taking certain credits that you might otherwise be eligible for.

                    I would always advise my clients not to use MFS without a very good reason for doing so. Immigration might be one of those cases, but without seeing the specifics, I would not know which is best.

                    If you go to a tax preparation service, or even use software to do it yourself, when you file MFS you will be asked for your spouse's SSN, so that the IRS can cross-check your spouse's return to ensure neither of you takes any tax benefits you're not entitled to. 
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                      #11 Patra&Ricardo

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                      Posted Today, 01:06 AM
                      Rich and Wen, on 25 Dec 2013 - 11:49 PM, said:
                      Speaking as a person who has worked in the tax preparation business for many years, Married Filing Separate (MFS) is the worst tax bracket, with the highest rates. It also prevents you from taking certain credits that you might otherwise be eligible for.

                      I would always advise my clients not to use MFS without a very good reason for doing so. Immigration might be one of those cases, but without seeing the specifics, I would not know which is best.

                      If you go to a tax preparation service, or even use software to do it yourself, when you file MFS you will be asked for your spouse's SSN, so that the IRS can cross-check your spouse's return to ensure neither of you takes any tax benefits you're not entitled to. 

                      Wow, thanks so much for your insight. Since it is the worst bracket I will definitely advise my hubby not to take this route. I will have to go apply for the ITIN asap so we can get it in ample time to file his taxes as Married filing Jointly. I would prefer him getting back more money than less.

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