Ask Experts Questions for FREE Help !
Ask
    info_b3101's Avatar
    info_b3101 Posts: 3, Reputation: 1
    New Member
     
    #1

    Jan 9, 2011, 08:58 PM
    Married filling separately or jointly?
    Hi,

    I have been on H1 Visa since 2006 and got married in Dec 2010. My spouse is not in US, he has a SSN though as he has worked here in US in 2007. Can I file the taxes as Married filing jointly? I guess then we have show his income in our home country?

    Or should I file Married filing separately? Can I get exemptions on him?

    Please help which status is better for tax benefits?

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 10, 2011, 11:03 AM
    You have a choice:

    1) You can file Married Filing Separately and, since he will NOT file a U.S. tax return, claim HIS personal exemption. By filing separately, you do not have to report HIS income.

    OR

    2) You can file jointly with him, and he must sign a statement that he CHOOSES to be treated as a resident alien for all of 2010. You must report his foreign income, but it can be excluded using Form 2555 or you can claim the Foreign Tax Credit using Form 1116, or some combination thereto.

    You would need to model the return BOTH ways to determine which is best.

    If you need professional help doing this, email me at [email protected].
    info_b3101's Avatar
    info_b3101 Posts: 3, Reputation: 1
    New Member
     
    #3

    Jan 23, 2011, 04:19 PM
    Comment on AtlantaTaxExpert's post
    Thanks for you reply ATE!
    I think MFJ is definitely better for us. But I have few questions. My husband is self employed in india and his income was < $4000. Do we just add this amount to total income (my +4000) what doc is needed to show his income
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Jan 24, 2011, 08:10 AM
    Yes, you MUST include his income on your joint return.

    It would be reflected as Foreign Income on Line #7 of Form 1040. If he paid income taxes to your home country on that money, you would also submit Form 1116 (Foreign Tax Credit) to claim the tax credit for those taxes paid and avoid double taxation.
    info_b3101's Avatar
    info_b3101 Posts: 3, Reputation: 1
    New Member
     
    #5

    Jan 24, 2011, 09:01 AM
    Comment on AtlantaTaxExpert's post
    Thanks!
    He didn't have to pay taxes (income was low). So instead can I use Form 2555.
    1. Add a comment on Line #7 (near amount) that it includes Foreign income too &
    2. on line 21 mention 'form 2555' and put the foreign income to exclude.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #6

    Jan 24, 2011, 09:44 AM
    Yes, Form 2555 CAN be used. You ADD the income on Line #7 with the "Foreign Income" comment, then deduct the foreign income on Line #21 as a negative number. The calculations are shown on Form 2555.
    info_b3101's Avatar
    info_b3101 Posts: 3, Reputation: 1
    New Member
     
    #7

    Jan 24, 2011, 09:48 AM
    Comment on AtlantaTaxExpert's post
    Thanks a lot, your guidance really helped me get a clear picture. I am going to start preparing the tax return. If I get stuck will probably get professional help from you!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #8

    Jan 24, 2011, 11:21 AM
    Excellent! If you need help, just email me at [email protected].

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

File jointly or separately for a married couple? [ 1 Answers ]

Hi, My husband and I have very complicated situation. We do not know if we need to file separately or jointly to get maximal tax return. I came to US from China with F1 visa in 2004 and now I am still a student with F1 visa. Based on the tax law, I am a resident alien for 2009. My husband...

H1B married to F1 visa. File jointly/ separately [ 4 Answers ]

Hi I have been in the US since 2003 and am on H1 visa since 2006. Actually I have more than one question 1. My wife (on F1) came to the US in July 2007. Due to ignorance, we filed her taxes through turbotax (dint know non resident students can do that) and she also received the stimulus rebate...

(I -551)filing taxes jointly vs filling as married but separately [ 3 Answers ]

Is it it in order for a conditional PR (married to a USC) to file taxes as married but filling separately?(both returns depict our primary residence address)... this will be proof of evidence for a bona fide marriage as we prepare to have the conditions lifted in two years.Will this be suspect in...

Filing status: married jointly or separately [ 1 Answers ]

I got married in 2008 but my wife is currently living in Vietnam, until her immigration status changes. Do I need to file my tax returns as married jointly or separately, she does earn any income and does not have a US social security #?

Married jointly or separately? [ 2 Answers ]

Hi. My husband lives/works in Chicago and I live/work in Washington state. When we file tax report for year 2008, is it better to report jointly or separtely? Also can each of us claim ourselves as a head of household? Thanks!


View more questions Search