Do you claim wife on Income Tax?

[SheLikesME?]

Just a curious question. My wife has no SS#. My wife supports herself in China, but curious what I can claim this year on income tax. Guess I could get my lazy self into the IRS web site.

 

Just curious of the different senarios as well and what some of you may have done.

 

(I already found the insurance topic. No serach button is there for past posts or key words?)

 

Doug

Edited November 5, 2005 by SheLikesME? (see edit history)

[tywy_99]

You have to get an Tax Identification Numer (TIN) from the IRS. To do that you have to submit IRS form W-7. This will require a copy of your wife's passport to be added to the form.

Once you have the TIN, you can file jointly.

[frank1538]

You also have to make an election to treat your nonresident spouse as a US resident: http://www.irs.gov/businesses/small/intern...d=96734,00.html

[m-coon]

You have to get an Tax Identification Numer (TIN) from the IRS. To do that you have to submit IRS form W-7. This will require a copy of your wife's passport to be added to the form.

Once you have the TIN, you can file jointly.

166331[/snapback]

In my case - I was required to file the actual tax return along with the TIN application - they processed the TIN and then processed the tax return afterwards.

Scott

[Jocelyn]

I would add that it's a good idea to get your SO a TIN....it definitely shows that you have a serious relationship.

[HanLi]

You have to get an Tax Identification Numer (TIN) from the IRS. To do that you have to submit IRS form W-7. This will require a copy of your wife's passport to be added to the form.

Once you have the TIN, you can file jointly.

166331[/snapback]

Ty,

can this be done online? and is it valid considering she has never left China?

[tywy_99]

You have to get an Tax Identification Numer (TIN) from the IRS. To do that you have to submit IRS form W-7. This will require a copy of your wife's passport to be added to the form.

Once you have the TIN, you can file jointly.

166331[/snapback]

Ty,

can this be done online? and is it valid considering she has never left China?

166585[/snapback]

I don't think it can be done online but it can be done!

She is your wife so it is your right to file jointly whether or not she is in th USA. The TIN is needed to do this however.

I filed jointly in 2002, my wife still in China. It was a simple matter. I didn't know it could be done until my tax preparer mentioned it to me.

I only needed a copy of her passport which she sent to me. Then I had it notarized. You can even send their passport to the IRS if needed be, as stated in the instructions of the W-7. The IRS accepted it and assigned my wife a tax id number. Like I said before, the IRS was very accomodating.

[Randy W]

I don't think it can be done online but it can be done!

She is your wife so it is your right to file jointly whether or not she is in th USA. The TIN is needed to do this however.

I filed jointly in 2002, my wife still in China. It was a simple matter. I didn't know it could be done until my tax preparer mentioned it to me.

I only needed a copy of her passport which she sent to me. Then I had it notarized. You can even send their passport to the IRS if needed be, as stated in the instructions of the W-7. The IRS accepted it and assigned my wife a tax id number. Like I said before, the IRS was very accomodating.

166588[/snapback]

 

 

Read what Frank says about a non-resident spouse - http://candleforlove.com/forums/index.php?...ndpost&p=166336

 

It is one thing to file and have the return processed without being challenged - it is another to have it stand up to the scrutiny of an audit.

Edited November 6, 2005 by Randy W (see edit history)

[tywy_99]

Correct me if I'm wrong but isn't the IRS link that Frank posted came from the "small business" category?

Marriage is hardly a business and according to IRS code, you can claim your wife for the tax year the you were married.

I went through that in detail in 2002. I don't care to go through it again.

The point that was made to me is that she is my wife. Being so, under law, I can file jointly (even if only one had income).

On that note, Frank's link is titled, "International Taxpayer" under "Small Business." My wife was not an "International Taxpayer" to the US because she didn't work for any US company or make US wages. She worked for the Chinese Province making Chinese wages! That hardly fits the category of "International Taxpayer."

And under US tax law, it is my due as an US taxpayer to claim my bride.

I'm not making any reccomendations or giving any advice because I'm not a lawyer or an accountant. I am only stating what my tax preparer told me in 2002.

The tax code is a very complicated array of matters, complicated even for a competant accountant. Should I offer any advice at all on the subject, I would say, "check with your accountant or tax preparer."

 

Thank you,

[HanLi]

Correct me if I'm wrong but isn't the IRS link that Frank posted came from the "small business" category?

Marriage is hardly a business and according to IRS code, you can claim your wife for the tax year the you were married.

I went through that in detail in 2002. I don't care to go through it again.

The point that was made to me is that she is my wife. Being so, under law, I can file jointly (even if only one had income).

On that note, Frank's link is titled, "International Taxpayer" under "Small Business." My wife was not an "International Taxpayer" to the US because she didn't work for any US company or make US wages. She worked for the Chinese Province making Chinese wages! That hardly fits the category of "International Taxpayer."

And under US tax law, it is my due as an US taxpayer to claim my bride.

I'm not making any reccomendations or giving any advice because I'm not a lawyer or an accountant. I am only stating what my tax preparer told me in 2002.

The tax code is a very complicated array of matters, complicated even for a competant accountant. Should I offer any advice at all on the subject, I would say, "check with your accountant or tax preparer."

 

Thank you,

166604[/snapback]

Ty,

did you have to get her a TIN?

[Randy W]

Frank's link is about marriage to a foreign resident - I'm not sure why it would be under the business section, but it is there!.

 

I agree with you in the sense that it is hard to go wrong by claiming your wife as an exemption. The 1040A instructions refer non-resident aliens and dual status aliens to Publication 519 ("You may be able to file a joint return) Publication 519 covers the case where one spouse is not a US resident -

 

Nonresident Spouse Treated as a Resident

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

 

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect and you are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

 

 

 

If you file a joint return under this provision, the special instructions and restrictions for dual-status taxpayers in chapter 6 do not apply to you.

 

Example.

 

Bob and Sharon Williams are married and both are nonresident aliens at the beginning of the year. In June, Bob became a resident alien and remained a resident for the rest of the year. Bob and Sharon both choose to be treated as resident aliens by attaching a statement to their joint return. Bob and Sharon must file a joint return for the year they make the choice, but they can file either joint or separate returns for later years.

 

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 nonresident 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 one spouse died, include the name and address of the person making the choice for the deceased spouse.)

 

 

One case where you may NOT claim your wife is if someone else is providing more than 50% of her support.

[HanLi]

I am going to follow The Donald's advice, and get competent advice from a tax professional, in the meantime I will apply for a TIN for both spouse and dependent child......

[pkfops]

You have to get an Tax Identification Numer (TIN) from the IRS. To do that you have to submit IRS form W-7. This will require a copy of your wife's passport to be added to the form.

Once you have the TIN, you can file jointly.

166331[/snapback]

In my case - I was required to file the actual tax return along with the TIN application - they processed the TIN and then processed the tax return afterwards.

Scott

166337[/snapback]

How did that work out as far as $$$$$$ goes?

[mercator]

I have not been married too long, so I am waiting for my '06 taxes to claim her. Keep in mind you might have to demonstrate her income and pay taxes on it... The tax pro would know more on that possibility. Even if you do, it may not be much to claim, but it may or may not be tough to get the kinds of records they would need to demonstrate her income. I'm fairly confident Chinese companies aren't often in the habit of drafting W-2's. Also the calendar is often different because the Chinese calendar is used, so the "fiscal year" is off by one month...

 

Yeah, I think I will wait until she comes to the states. Heheh

 

Merc

[SheLikesME?]

Wow, Thanks for all the advice guys. Y'all are pretty good. Glad we found this web site.

 

Ok, so it looks like I have to count her income. I will have to see what advantage there is. Now if I get a TIN, then I guess the cats out of the bag that I am married to her.

 

Thanks agon for all of the advice. Didn't expect the kind responses for some reason, since a bit new here.

 

Doug