To W-7 or not to W-7

[hunter]

Ok, I'm here with my wife in Tieling, and she has filled out a IRS form W-7. My tax preparer says it is unlikely we can get any money benefit from it, but my wife has read posts saying we can get some benefit by doing it. Do any of you know if we ought to persue W-7? thanks.

[mama bear]

Ok, I'm here with my wife in Tieling, and she has filled out a IRS form W-7. My tax preparer says it is unlikely we can get any money benefit from it, but my wife has read posts saying we can get some benefit by doing it. Do any of you know if we ought to persue W-7? thanks.

192100[/snapback]

Yes,your wife is right.I guess you need persue w-7 so that you can get a ITIN for your wife to file joint tax return.And you also need go to the nearby consulate to make her passport certified, it takes 30$. Somebody said can use her passpot itself too instead of the certified passport.You need call your native IRS to make sure what they want.

We married in July 2005.My husband live in MI, he called and asked, they said need certified passport, so we made my passport certified in Beijing in Jan 06. They bind the certified passport copy with the w-7 form together.

I will get details information on monday from my husband about the tax return, wil post for your referance.

[tywy_99]

mama bear laid out the details.

 

By all means, send in the W-7 with your 1040 including your wife's information. The IRS will handle it from their.

That's providing that you were married last year, of course.

[mama bear]

And you also need go to the nearby consulate to make her passport certified, it takes 30$.

If you do this at a US Consulate tell them it is for tax purposes- they *MAY* do it free.

192180[/snapback]

This is the 2nd time I heard it should be free.We asked it should be free while we were there in Beijing consulate,and we told them we need it for tax return, and they stil charge.

[hunter]

And you also need go to the nearby consulate to make her passport certified, it takes 30$.

If you do this at a US Consulate tell them it is for tax purposes- they *MAY* do it free.

192180[/snapback]

This is the 2nd time I heard it should be free.We asked it should be free while we were there in Beijing consulate,and we told them we need it for tax return, and they stil charge.

192189[/snapback]

mamabear, thank you so much for your experience. thank you all for the information, were heading to Shenyang to the consul today then to make this happen. thanks again, now back to my visit to china. =)

[Chad]

My wife also went to the consulate in Beijing and had them make the copy of her passport for "tax purposes" and they charged her $30. They also bound it with the w-7.

[mama bear]

mamabear, thank you so much for your experience. 

192196[/snapback]

You are welcome. Bu ke qi!

Enjoy your China visit.

[LeeFisher3]

And you also need go to the nearby consulate to make her passport certified, it takes 30$.

If you do this at a US Consulate tell them it is for tax purposes- they *MAY* do it free.

192180[/snapback]

This is the 2nd time I heard it should be free.We asked it should be free while we were there in Beijing consulate,and we told them we need it for tax return, and they stil charge.

192189[/snapback]

mamabear, thank you so much for your experience. thank you all for the information, were heading to Shenyang to the consul today then to make this happen. thanks again, now back to my visit to china. =)

192196[/snapback]

If you haven't left for Shenyang yet, DON'T GO TODAY, they are closed for Presidents day. If you left already, I hope you took the chance to go shopping or possibly headed over to see the Summer Palace.

[LeeFisher3]

Ok, I'm here with my wife in Tieling, and she has filled out a IRS form W-7. My tax preparer says it is unlikely we can get any money benefit from it, but my wife has read posts saying we can get some benefit by doing it. Do any of you know if we ought to persue W-7? thanks.

192100[/snapback]

You might want to consider getting a new tax preparer as the advice they offered is about a $3200 overpayment of taxes, as you can file jointly.

 

You will need to prepare a letter and both sign it declaring you wish to have your "Nonresident Spouse Treated as Resident for the 2005 tax year". This means you also need to report her income, so collect her W-2's and bring them back with you. Oh, you mean to say she didn't work all last year so she has no imcome to report, ok, that works too.

 

The following instructions are from IRS Publication 519, page 10.

How to make the choice.

 

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

 

A declaration that one spouse was a non-resident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.

 

The name, address, and identification number of each spouse.

 

If you have any questions feel free to PM me with a phone number and I'll be happy to give you a call in Tieling.

[mercator]

I filled out a W-7 and my 1040 and mailed the signature pages to my wife in China. The W-7 does have spaces for USCIS information.

 

I am using tax prep software, so granted it isn't professional advice. However, the W-7 instructions and the 1040 instructions indicate that I can mail in the W-7 with my 1040 and that will not only get her the ITIN but also work for documentation, along with a passport copy. I am also going to submit a copy of our certified marriage documentation just to be sure.

 

I don't quite understand this statement. Isn't the W-7 your statement, along with your 1040?

[LeeFisher3]

I filled out a W-7 and my 1040 and mailed the signature pages to my wife in China.  The W-7 does have spaces for USCIS information.

 

I am using tax prep software, so granted it isn't professional advice.  However, the W-7 instructions and the 1040 instructions indicate that I can mail in the W-7 with my 1040 and that will not only get her the ITIN but also work for documentation, along with a passport copy.  I am also going to submit a copy of our certified marriage documentation just to be sure. 

 

I don't quite understand this statement.  Isn't the W-7 your statement, along with your 1040?

192253[/snapback]

It's just like the USCIS, they just love their documentation.

 

As a nonresident spouse, who has not yet entered the US, the IRS does not have the right to treat her income or lack of income as US income for tax purposes unless you declare in writing that you wish for this to happen.

 

It is out of their jurisdiction unless you make this claim in writing.

 

If it is to your advantage to claim the additional deductions then it's not a bad idea, but if it would cause you to pay additional taxes then it's not unless you feel that giving the US government more money as a gift.

 

For most people this is a one time shot because once she has been in the US for 31 days, she will fall into the category of Dual Status Alien.

[hunter]

I filled out a W-7 and my 1040 and mailed the signature pages to my wife in China.  The W-7 does have spaces for USCIS information.

 

I am using tax prep software, so granted it isn't professional advice.  However, the W-7 instructions and the 1040 instructions indicate that I can mail in the W-7 with my 1040 and that will not only get her the ITIN but also work for documentation, along with a passport copy.  I am also going to submit a copy of our certified marriage documentation just to be sure. 

 

I don't quite understand this statement.  Isn't the W-7 your statement, along with your 1040?

192253[/snapback]

It's just like the USCIS, they just love their documentation.

 

As a nonresident spouse, who has not yet entered the US, the IRS does not have the right to treat her income or lack of income as US income for tax purposes unless you declare in writing that you wish for this to happen.

 

It is out of their jurisdiction unless you make this claim in writing.

 

If it is to your advantage to claim the additional deductions then it's not a bad idea, but if it would cause you to pay additional taxes then it's not unless you feel that giving the US government more money as a gift.

 

For most people this is a one time shot because once she has been in the US for 31 days, she will fall into the category of Dual Status Alien.

192265[/snapback]

I just wanted to add, that we made it all the way to Shenyang, which is about 1.2 hour drive, to find the gate locked at the consul and a nice note saying, closed for pres day. What kind of bull crap is that, I mean, I dont get pres day off at my work, /grumble. ok anyway it was a nice day to take a drive anyway. Thanks so much for the info on this, its very helpful and were gonna go ahead and do the w-7, its a couple bucks for me and her, and sinse she will need to learn to drive and all that stuff, we can prolly use it.

[mercator]

I think I am going to run the numbers on filing single in '05 and see how much different the cost is.

 

My wife has never been here, so she has no other status than non-resident alien. I told her to call Shemian's GZ consulate and inquire about getting a notarized copy of her passport for tax purposes.

 

I read the W-7 instructions fully, and I didn't see where a declaration letter was needed. Please tell me on the W-7 instructions where this is listed as a requirement. If I give them a notarized copy of her passport, then no other documentation is needed (says so in bold, no less).

 

So, I figure I will send them the passport copy, W-7, and 1040, and hope I don't get audited. I keep all records for 7 years, and this is the first year I did my own taxes.

 

She is listed on the tax forms as 'student' to keep it simple.

 

I have a couple of weeks to get this sorted out while I wait for the forms to get to China and back. Thank God I didn't ship DHL or they'd be in customs well past April 15th.

[Guest pushbrk]

I think I am going to run the numbers on filing single in '05 and see how much different the cost is.

 

My wife has never been here, so she has no other status than non-resident alien.  I told her to call Shemian's GZ consulate and inquire about getting a notarized copy of her passport for tax purposes.

 

I read the W-7 instructions fully, and I didn't see where a declaration letter was needed.  Please tell me on the W-7 instructions where this is listed as a requirement.  If I give them a notarized copy of her passport, then no other documentation is needed (says so in bold, no less).

 

So, I figure I will send them the passport copy, W-7, and 1040, and hope I don't get audited.  I keep all records for 7 years, and this is the first year I did my own taxes. 

 

She is listed on the tax forms as 'student' to keep it simple.

 

I have a couple of weeks to get this sorted out while I wait for the forms to get to China and back.  Thank God I didn't ship DHL or they'd be in customs well past April 15th.

192307[/snapback]

The declaration isn't directly connected with the W-7. It's for the 1040. You can do the W-7 regardless of how you file.

 

Another example would be somebody who married and got their SSN in the same year, 2005. They wouldn't need a W-7 at all but would still declare their choice to treat the spouse as a US resident for tax purposes.

Edited February 20, 2006 by pushbrk (see edit history)

[mercator]

I think I am going to run the numbers on filing single in '05 and see how much different the cost is.

 

My wife has never been here, so she has no other status than non-resident alien.  I told her to call Shemian's GZ consulate and inquire about getting a notarized copy of her passport for tax purposes.

 

I read the W-7 instructions fully, and I didn't see where a declaration letter was needed.  Please tell me on the W-7 instructions where this is listed as a requirement.  If I give them a notarized copy of her passport, then no other documentation is needed (says so in bold, no less).

 

So, I figure I will send them the passport copy, W-7, and 1040, and hope I don't get audited.  I keep all records for 7 years, and this is the first year I did my own taxes. 

 

She is listed on the tax forms as 'student' to keep it simple.

 

I have a couple of weeks to get this sorted out while I wait for the forms to get to China and back.  Thank God I didn't ship DHL or they'd be in customs well past April 15th.

192307[/snapback]

The declaration isn't directly connected with the W-7. It's for the 1040. You can do the W-7 regardless of how you file.

 

Another example would be somebody who married and got their SSN in the same year, 2005. They wouldn't need a W-7 at all but would still declare their choice to treat the spouse as a US resident for tax purposes.

192316[/snapback]

So is this declaration something as simple as:

 

To whom it may concern:

 

I would like to declare my choice to treat my spouse as a US resident for tax purposes.

 

Yours,

 

 

 

Or does it need to be more verbose?

Edited February 20, 2006 by mercator (see edit history)