filing joint ,even wife is still in China

[Linstun&Shuang]

Any K3 ppl here, filed jointly on their income tax returns? Just wanted to see the show of hands. I filed mine jointly with my wife. Even thought shes not here...

[mlspyl]

Linstun&Shuang:

 

We are CR-1, married in China in 2004. First, you must file married, the question is separately or jointly ???

 

Yes, you can file jointly if you meet the requirement even though your spouse lives in China.

 

To file jointly, you must have the completed W-7 ITIN form and a notarized copy of your spouse's (Chinese Citizen) passport. Unless you have the actual passport for the IRS. In addition there are additional requirements; such as, you must include your spouse's income etc.

 

To file separately you are not required to provide any information (about the Chinese citizen) to the IRS. However, your tax rate is higher.

 

Even though I could file jointly I did not, because I did not have the W-7 plus supporting documentation. Talked to the IRS, when my wife arrives in the US and receives a SSN, I will amend my return(s) and change my filing status to married filing jointly. You can go back three years to amend, but you must include your spouse's income in China also.

 

My opinion, I am cautious so I decided to go this route. Other may have a different view.

 

 

Mark

[Guest blsqueaky]

You need to ask your acct this. My wife arrived last year, and she told me that if I and the wife filed jointly, it would have cost me more. This year, since she has been here, it cost me less.

[Guest aosnow]

i think if your wife arrives mid-year and has no usa income, you can file jointly and need not report her earnings from china when she was a chinese citizen and had never set foot on us soil.

[Guest aosnow]

perhaps I should add that my last post presupposes you were only married after her arrival.

[bubbafred10]

I filed jointly and sent W-7 (with copy pf marriage certificate and wife's passport) to IRS Center in Philly. I don't know why I have to report my wife's income in Cnina. Her income is not taxable anyway. She doesnt' work fo American company.

[david_dawei]

This is only related in that it's a tax question.. what if you and your spouse have bought a house in china and say, rent it out.. Or she had already owned one and pays mortgage.. Can this 'foreign' property, interest, etc be written off ?

[mlspyl]

David:

 

My wife and I own an apartment in China. After speaking to the IRS, we can deduct the mortgage interest on my 1040. However, we must meet two criteria (per the IRS):

 

1. The house is at least 50% in my name.

2. It is the primary residence of my wife.

 

I am not sure if you rent the apartment, how this would impact the write off.

 

 

BubbaFred10:

 

The IRS told me specifically, if I file jointly and claim my wife as a dependent, I must include her income from China. I do see this as a big hurdle, because my wife's income in USD is not great. The benefits of filing jointly and claiming her as a dependent far outway her income.

 

I have not investigated the details yet, because I will not amend my return(s) until my wife arrives in the USA and receives her SSN. In addition, I spoke to an IRS agent, whose information that was supplied is not binding. Maybe the agent gave me the wrong information ???

 

 

Mark

[xtal]

Sorry to revive this old thread but it caught my attention. My wife and I also filed jointly but we have the strange catch-22 now where we cannot cash the check we got back from the IRS.... My bank (and from what I gather, other banks also) won't do it because her signature is not on the back (and the check is made out in both our names). Even if I'd let her sign it next time I go see her they still won't take it cuz her name is not on the account so they require her to be physically here when she signs it. This would not be an issue if we would have a joint account. Now, with the US Patriot Act, you cannot open a joint bank account unless BOTH parties have an SSN (an ITIN, as obtained through a W-7, won't do).

 

It's a royal pain in the a****. The IRS will not issue another check in just my name, nor will they change that little word "and" into "or" that sits between my name and my wife's name on the check (if they would, then we would not have this problem). Once they cut the check, it's 'out of their hands'. And it's only good for one year.

 

Maybe I am missing something very obvious here but I'm curious how other CFL'ers have dealt with this problem. Maybe requesting an electronic transfer of funds on the 1040 would have been the way to go but I was not expecting this problem when we filed, and the IRS for sure will not alter their payment to this after the fact.

 

[tywy_99]

Does sound like you're in between a rock and a hard place!

 

Not sure what you can do but what came to mind was hang on to the check until your wife gets here. If it's within a year then you two can cash it but if it is after the expiration date of the check, I guess you can amend that tax year. You have 3 years to do that.

Just a thought/suggestion......-good luck!

 

-This dilemma would be a good one for stats to tackle........

[Randy W]

It doesn't seem like it is really a dilemna, but figuring out the right thing to do can be difficult , when you have people who think they know what the law really says.

 

Texas is a community property state - I don't think it would be a problem here.

 

It seems like the IRS can't use the TIN anymore, if what these people are telling you is true. How about a different bank?

 

Maybe try a check-cashing company? All you need is to get the cash, and then deposit it into your account.

 

Well, you've probably already tried more things than I can think of.

 

Good luck!

[Stone]

I have very similar problem. It is really a pain. I cannot let my wife send me her passport to me because there might be a "customs clearance" problem for the passport. In addition, I don't know when my wife will appear for an interview. She needs the passport for the interview. Can my wife have her passport notarized in China and send me the notarized copy instead?

 

Also if you let the IRS wire the refunds to my bank account here. But the account is in my name and will a joint return work? It is really a catch 22. I would rather have my refunds sooner.

[Carl]

I have very similar problem.  It is really a pain.  I cannot let my wife send me her passport to me because there might be a "customs clearance" problem for the passport.  In addition, I don't know when my wife will appear for an interview.  She needs the passport for the interview.  Can my wife have her passport notarized in China and send me the notarized copy instead?

 

Also if you let the IRS wire the refunds to my bank account here. But the account is in my name and will a joint return work?  It is really a catch 22.  I would rather have my refunds sooner.

157214[/snapback]

It has to be notarized by a US notary......My wife sent me her passport with the signed 1040 and the W-7. I immeaditely made a copy, got it norarized and sent the passport back to her. she had no trouble at all.

 

Send it back express mail if you are worried about it.

Edited September 28, 2005 by Carl (see edit history)

[xtal]

I have very similar problem.  It is really a pain.  I cannot let my wife send me her passport to me because there might be a "customs clearance" problem for the passport.  In addition, I don't know when my wife will appear for an interview.  She needs the passport for the interview.  Can my wife have her passport notarized in China and send me the notarized copy instead?

 

Also if you let the IRS wire the refunds to my bank account here. But the account is in my name and will a joint return work?  It is really a catch 22.  I would rather have my refunds sooner.

157214[/snapback]

It has to be notarized by a US notary......My wife sent me her passport with the signed 1040 and the W-7. I immeaditely made a copy, got it norarized and sent the passport back to her. she had no trouble at all.

 

Send it back express mail if you are worried about it.

157223[/snapback]

I assume the passport was for the W-7 IRS form. If so, just FYI, you can also get it done in China - we went to a nearby US consulate and they made a copy of it, and then put a stamp on it that says something like 'original seen and returned' with a signature. But this was part of Citizenship services - not sure if my wife could have done this without me being there (to show my identification). They explicitly wanted to see my ID so probably both have to be there if you want to get the equivalent of a notarized copy while in China. Also I asked them if it needed to be notarized, and they said no, that a US consulate stamp is good enough. Seems they were right because IRS had no problem with our W-7 application.

[xtal]

Also thanks to those who made some suggestions - I will check into it and keep you all posted...