Filing Taxes

[finenn]

I have a couple tax questions, did a little searching on this site and didn't find much in the way of tax questions, probably because of the myriad of different filing statuses.

 

So, let's see, married filing jointly, just myself, my wife, and our son. They arrived here in September, married in October.

 

1) If she had any income in China, must I claim it? If so, what is the equivalent of a W-2?

 

2) Can I claim both of them for the entire year of 2003, even though they did not arrive until September?

 

3) Has anyone filed the W-7? It's a form for people who cannot yet receive an SS#. I was told I have to wait to apply for a real SS# for our son until the AOS interview. She has an SS# now. I'm guessing I need to file this form now for our son, since I did not request to apply for a SS# for him during the visa process. (Like I knew everything!).

 

 

Any other gotcha's that others have been through is much appreciated,

 

Thanks

[Eric&Yuhui]

So, let's see, married filing jointly, just myself, my wife, and our son. They arrived here in September, married in October.

 

1) If she had any income in China, must I claim it? If so, what is the equivalent of a W-2?

 

2) Can I claim both of them for the entire year of 2003, even though they did not arrive until September?

 

3) Has anyone filed the W-7? It's a form for people who cannot yet receive an SS#. I was told I have to wait to apply for a real SS# for our son until the AOS interview. She has an SS# now. I'm guessing I need to file this form now for our son, since I did not request to apply for a SS# for him during the visa process. (Like I knew everything!).

 

 

Any other gotcha's that others have been through is much appreciated,

 

Thanks

1/ If you claim your wife, then ALL WORLWIDE income must be reported

2/ Yep. If you were married before Dec 31, then you were considered fiscally married all year.. same goes for divorce by the way.

3/ I have no clue on this one

[keelec]

finenn,

 

Hmmm, that is one law that seems to have changed since I was growing up..... I hope that doesn't date me too much. But, I thought most of my friends were applying for their SS# during high school.

 

 

Anyway, reading the 2003 1040 Instructions, Page 19, it indicates that everyone needs either a SS# or an ITIN (from the form W-7). It is supposed to take a month or so to get the ITIN.

 

If you have to declare world-wide income. I presume that you would also be able to deduct world-wide taxes paid.

 

Reading the Instructions again, (1040 Instructions, pg 22), it referes to Form 2555, Foreign Earned Income.

 

I presume you fill out the form witout referring to W2 forms.

 

Best of luck.....

I was hoping to claim my Fiancee this year as it would have saved me about $3K, but I guess that just wasn't in the cards.

 

----- Clifford ------

[Bob & Minglian]

I have a couple tax questions, did a little searching on this site and didn't find much in the way of tax questions, probably because of the myriad of different filing statuses.

 

So, let's see, married filing jointly, just myself, my wife, and our son. They arrived here in September, married in October.

 

1) If she had any income in China, must I claim it? If so, what is the equivalent of a W-2?

 

2) Can I claim both of them for the entire year of 2003, even though they did not arrive until September?

 

3) Has anyone filed the W-7? It's a form for people who cannot yet receive an SS#. I was told I have to wait to apply for a real SS# for our son until the AOS interview. She has an SS# now. I'm guessing I need to file this form now for our son, since I did not request to apply for a SS# for him during the visa process. (Like I knew everything!).

 

 

Any other gotcha's that others have been through is much appreciated,

 

Thanks

1) You will need to file a joint tax return this calendar year since you are now married. All income must be reported. A letter from her employer, on company letterhead, stating her income per pay period, total income for this calendar year, and employment dates for this calendar year will suffice. You claim her income then hers can be excluded with Form 2555 (up to the equivalent of $80,000 USD). The exchange rate has held steady so simply use today's exchange rate.

 

2) Yes, you will claim both your wife and son as dependents.

 

3) The W-7 form is one-page and quite easy to complete. I completed the W-7 for last year's taxes but for my wife only. With a child I'm not sure how that works. For my wife, I simply took her Chinese passport and our marriage certificate to an IRS agent who signed off on the W-7 and forwarded to the appropriate office within the IRS for processing. It took about 4 weeks to get in the mail.

 

I know of a very reasonably priced licensed tax consultant in the Portland area who is quite familiar with this. If you want her name and phone number, send me a PM or e-mail.

[finenn]

A letter from her employer, on company letterhead, stating her income per pay period, total income for this calendar year, and employment dates for this calendar year will suffice.

 

I can probably get this, but god knows how long it may take to arrive. Also, the IRS really wants to see chinese documents?

 

You claim her income then hers can be excluded with Form 2555 (up to the equivalent of $80,000 USD).

 

So I include her income, then exclude it?

 

For my wife, I simply took her Chinese passport and our marriage certificate to an IRS agent who signed off on the W-7 and forwarded to the appropriate office within the IRS for processing.

 

Well I always do my own taxes, I guess an IRS agent is not free, right? So that means making notarized copies of his passport/visa/whatever--I'm finding some notaries will not notarize certain documents. Why is this so difficult?

[finenn]

finenn,

 

Hmmm, that is one law that seems to have changed since I was growing up..... I hope that doesn't date me too much.  But, I thought most of my friends were applying for their SS# during high school.

 

What happened was, they were both born in China. Now they are both here. He is six years old now. When I applied for the K1, he sort of tagged along with a K2. Out of all the paperwork from I-129F to visa-in-hand, somewhere unbeknownst to me, she had applied or requested (or something) an SS# upon arrival. His docs apparently did not make such a request. So, while at the SS office, they told me she could get an SS# since she applied for one somewhere. He didn't, so the office said he must wait until the AOS interview, then he can apply. It made so much sense to me I had to shake my head yes like I understand all the little processes and reasons why they deliberately personally irritate me.

 

 

If you have to declare world-wide income.  I presume that you would also be able to deduct world-wide taxes paid.

 

hmmm,

[tonyontherock]

I can probably get this, but god knows how long it may take to arrive. Also, the IRS really wants to see chinese documents?

 

I don't believe you need that for tax filing. Income is self-reported. The W-2 is just a verification that you are reporting everything. I used to file a Schedule C and report my income on that without attaching W-2 or anything. If you truthfully reported the income, especially foreign income and claimed the appropriate foreign tax credit for your wife on the income taxes she paid to the Chinese Government, it is only a matter of substantiation with the documents. That can be done at the audit. I don't know much about personal income tax, that is my understanding.