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  1. Answers
    41
    Views
    19,500

    Please note that there is a new revised version...

    Please note that there is a new revised version of the W-7 issued in 2010.
    http://www.irs.gov/pub/irs-pdf/fw7.pdf
    See also:
    http://www.irs.gov/pub/irs-pdf/p1915.pdf
  2. Answers
    41
    Views
    19,500

    The consulate MAY NOT certify. From Pub. 1915:...

    The consulate MAY NOT certify.
    From Pub. 1915:
    Consular Officers at U.S. Embassies and Consulates overseas may not certify true copies of foreign public documents and will refer applicants to the...
  3. Yes

    Yes
  4. Yes. They are trying to squeeze out as much as...

    Yes. They are trying to squeeze out as much as they can.

    See: Tax Definitions
  5. Answers
    5
    Views
    1,134

    Yes because she would then be a citizen by virtue...

    Yes because she would then be a citizen by virtue of your citizenship.
    You would have to get her a "Certificate of Overseas Birth" at your consulate and she would receive a social security number at...
  6. No

    No
  7. Answers
    2
    Views
    527

    Wouldn't it be a good idea to visit with a...

    Wouldn't it be a good idea to visit with a competent tax professional to discuss these estate issues since several hundreds of thousands of dollars are involved?

    Is your husband a US citizen?
  8. Answers
    2
    Views
    883

    This forum is for US tax only.

    This forum is for US tax only.
  9. Answers
    5
    Views
    1,134

    No, you may not. She is neither citizen or...

    No, you may not. She is neither citizen or resident in the US as is required to be considered a dependent.

    She was born in India; you are, neither of you (husband and wife), citizens or lawful...
  10. Answers
    8
    Views
    1,855

    My recommendation to you is to get a professional...

    My recommendation to you is to get a professional to do your taxes. Do not attempt this at home; it is false economy.
  11. I support IntlTax on his position. That...

    I support IntlTax on his position.

    That notwithstanding, it is extremely important to consult the treaty on this. For example, in the Hungarian treaty Art. 10,
    1. Interest arising in a...
  12. Answers
    4
    Views
    1,542

    Yes, you may. Unlike other treaties the...

    Yes, you may.

    Unlike other treaties the US/Italian treaty does not limit the number of times this benefit may be used.

    It is generallly understood however, that you must have been resident in...
  13. Question: Form 2555

    by Five Rings
    Answers
    2
    Views
    532

    As MukatA correctly points out, you are dual...

    As MukatA correctly points out, you are dual status in 2009.

    Perhaps you are confused by the wording in the 1040NR instructions. In your case, you are an Indian national who worked in India during...
  14. Answers
    8
    Views
    1,734

    You have a choice depending entirely on how much...

    You have a choice depending entirely on how much money your wife made in China.

    1. Since you are a US citizen your wife can elect to be treated as a US resident for tax purposes under Sec 6013(g)....
  15. Answers
    1
    Views
    362

    Yes; wait until you get her number before filing...

    Yes; wait until you get her number before filing State returns
  16. Note e-baines comment for it is correct. If your...

    Note e-baines comment for it is correct.
    If your Mom left you the proceeds of her retirement account or an annuity, or several other things all or a portion of it is taxable. This is called "Income...
  17. Answers
    7
    Views
    557

    You may not make a first year choice for 2008 as...

    You may not make a first year choice for 2008 as you were not present for 75% of the days starting in April.
    See pub 519:
    First-Year Choice
    If you do not meet either the green card test or the...
  18. As a certifying acceptance agent my advice to you...

    As a certifying acceptance agent my advice to you is to check box (e).
  19. Answers
    7
    Views
    557

    Forgive me; I misread your post. Your stay in...

    Forgive me; I misread your post.

    Your stay in 2008 is divided by 3.
    Thus, 140/3=47 days.
    2009=147
    Total for 2008-09=194
    You file in 2009 as resident on a 1040.
  20. Answers
    1
    Views
    1,346

    Yes

    Yes
  21. Maybe your state office sent your federal return...

    Maybe your state office sent your federal return off to the IRS in Austin.

    Why don't you call the IRS hotline and see if they got it? If not, resubmit the return.
  22. Answers
    8
    Views
    425

    Your employer is incorrect. Your two year period...

    Your employer is incorrect. Your two year period begins on the date of your arrival in the US. The Technical Explanation to the US/UK treaty is quite plain on this matter:
    Article 20A (Teachers)...
  23. Answers
    7
    Views
    557

    You are a nonresident alien. File a 1040NR for...

    You are a nonresident alien. File a 1040NR for 2009.

    You have not satisfied the substantial presence test.
  24. Wife must have an ITIN. File Form W7, check box...

    Wife must have an ITIN. File Form W7, check box (e) and put in your name and SS number on that line.
    Get your wife's passport certified at a notary.
    Send your tax return, the W7 and certified copy...
  25. Answers
    2
    Views
    464

    If you file "married filing seperately" you do...

    If you file "married filing seperately" you do not file "with your wife."

    Generally, aliens must always use the MFS tax tables.
  26. Answers
    4
    Views
    1,712

    Consulates are no longer allowed to certify...

    Consulates are no longer allowed to certify foreign documents.
    The passport must be certified at the agency that issued the passport.

    Use the "Apostille" attached as the certification form.
  27. What is the nature of this transfer? Does it...

    What is the nature of this transfer?
    Does it come from your overseas account? Is it a gift? What?
  28. Are you taking your daughter as a dependent? ...

    Are you taking your daughter as a dependent?

    If not, she will owe no tax.
  29. Answers
    2
    Views
    507

    You will pay the capital gains tax in India if...

    You will pay the capital gains tax in India if required.
    Yes you can claim a credit against that tax paid on Form 1116.
  30. Each of you are entitled to the 91,400 exclusion....

    Each of you are entitled to the 91,400 exclusion. Each may take no more than that amount. Don't forget the housing exclusion if necessary.

    Read the instructions for the exclusion....
  31. Answers
    2
    Views
    1,324

    Actually, you fall into the category of...

    Actually, you fall into the category of qualifying under the "Physical Presence" test.

    You may exclude your income earned abroad for 2009 once you satisfy the 330 day rule.

    You really, really...
  32. A US citizen is taxable on his worldwide income....

    A US citizen is taxable on his worldwide income. In this case you would be taxable on anything over and above your capital investment in the plan.
  33. See:Publication 521 (2009), Moving Expenses...

    See:Publication 521 (2009), Moving Expenses
    For the rules and,

    http://www.irs.gov/pub/irs-pdf/f3903.pdf
    For reporting
  34. Answers
    2
    Views
    303

    Talk to MukatA

    Talk to MukatA
  35. Answers
    2
    Views
    514

    Excuse me but if you anticipate making $200,000...

    Excuse me but if you anticipate making $200,000 annually why not go crazy and hire a tax professional to do some serious planning. It will be money well spent.
  36. I don't believe you are liable to tax in the UK...

    I don't believe you are liable to tax in the UK on income earned without the UK.

    See: Residence and Domicile Taxation in the United Kingdom - Wikipedia, the free encyclopedia
  37. Yes

    Yes
  38. Answers
    1
    Views
    734

    You cannot e-file. You must send your tax return...

    You cannot e-file. You must send your tax return and your wife's W7 (and all relevant documents) to the ITIN Unit at:
    Internal Revenue Service
    ITIN Operation
    P.O. Box 149342
    Austin, TX...
  39. Answers
    2
    Views
    390

    Sorry, this forum is for US tax only.

    Sorry, this forum is for US tax only.
  40. If your company did not cover those costs you may...

    If your company did not cover those costs you may deduct allowable expenses.

    See: Publication 521 (2009), Moving Expenses

    http://www.irs.gov/pub/irs-pdf/f3903.pdf
  41. Question: ITIN for baby

    by Five Rings
    Answers
    3
    Views
    567

    I'm sorry; this post from suhari is confusing me....

    I'm sorry; this post from suhari is confusing me. Who said anything about college age children in frejock's post?

    The issues are:
    Is the wife resident? The answer is no; 202/3 (2008)=67.3+90.0...
  42. Answers
    3
    Views
    440

    Your friend was a dual status alien last year....

    Your friend was a dual status alien last year. Read this:

    Publication 519 (2008), U.S. Tax Guide for Aliens
  43. Answers
    3
    Views
    877

    I would suggest you find a competent tax...

    I would suggest you find a competent tax professional in your neighborhood. Filing an amended return IS a little complicated.
  44. Where are your kids? Have they been in America...

    Where are your kids? Have they been in America for 183 days?
  45. You are resident by substantial presence; ...

    You are resident by substantial presence; (4+102+151=257.)
    File a 1040
  46. File jointly. He is NOT a dependent but is your...

    File jointly. He is NOT a dependent but is your spouse and, as such, is posted on that line of the Form 1040.

    Wait until you get his SS number and then file. Use Form 4868 to file an extention:...
  47. Answers
    1
    Views
    329

    The ITIN number goes in that part of the tax form...

    The ITIN number goes in that part of the tax form that asks for your social security number.

    Depending on your residency status you will file either a 1040 or 1040NR and do it like any other...
  48. Answers
    1
    Views
    1,425

    As you can see on the 1040NR there is no itemized...

    As you can see on the 1040NR there is no itemized deduction for medical expenses.
  49. Answers
    29
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    4,973

    I'm sorry you are confused; the rules can be...

    I'm sorry you are confused; the rules can be complex. Nevertheless, the rules for dependency are quite plain.

    "You cannot claim a person as a dependent unless that person is a U.S. citizen, U.S....
  50. Answers
    29
    Views
    4,973

    An ITIN does not confer residency; it is merely...

    An ITIN does not confer residency; it is merely an identification number. Your son must be a citizen or resident of the US to be your dependent; your advisor is in error.

    Failing that test, I...
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