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    mmw's Avatar
    mmw Posts: 3, Reputation: 1
    New Member
    		  
    #1

    May 12, 2009, 01:12 PM
    Rebate 2008 or Stimulus 2007 married filing separately
    I am American with SSN and my husband German no SSN or the like. We have two kids each with SSN. I haven't filed my 2007 or 2008 taxes, yet as I live in abroad and haven't been filing the past years! I only have foreign income and very little interest income in the US.
    I now wanted to file married filing separately - my husband doesn't file at all as he is not American and has no American income. The children are then my dependents as my husband doesn't file at all in USA.
    How can I get the 2008 rebate or 2007 stimulus for myself and kids?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 13, 2009, 09:53 AM
    Yes, one or the other, but NOT both.

    You can file Married Filing Separately for both years, then have the 2008 Recovery Rebate Credit added to your 2008 refund.

    If you want professional help filing, email me at [email protected].
    mmw's Avatar
    mmw Posts: 3, Reputation: 1
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    #3

    May 14, 2009, 12:09 AM

    Must I be the head of the household or can I simply be married filing separately with 2 children?

    Thanks,
    mmw
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    May 14, 2009, 08:47 AM
    MMW:

    You must file MFS with two children. To file HoH, you must be living separately from your husband, which clearly you are not.
    mmw's Avatar
    mmw Posts: 3, Reputation: 1
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    #5

    May 16, 2009, 03:38 AM
    I am filing 2555ez foreign Income exemption with two kids - I have adjusted income of only $250.00 and I owe no taxes. Thus after doing the rebate recovery sheet again I receive no rebate because I owe nothing. Is this correct?

    I am told the 2007 stimulus is over and I can't get a check there either?

    I just want to make sure I don't miss anything!

    Many thanks for your help!
    mmw
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #6

    May 16, 2009, 10:28 PM

    A U.S. person must file tax return if the worldwide income exceeds the filing requirement. Read: Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income

    Since you are married, you can only file as married filing jointly or married filing separately. If you file joint return, you are not eligible for stimulus rebate as your spouse does not have SSN.

    If you file separate return, you may get stimulus rebate if you have $3000 or more of eligible income. Since you are able to exclude your income using Form 2555, you may not have eligible income. If you do not have eligible income, you do not get stimulus rebate. Read: Your U.S. Tax Return: Are You Eligible for 2008 Stimulus Tax Rebate Payment?
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