help with filing taxes jointly (she's still in China)

[TLB]

Hi,

 

I want to file 2010 taxes using "married filing joint" status. Any help would be appreciated. The IRS told me (on the phone) that I can do this, I would have to include any income she has, since the IRS will consider her a "resident alien" for tax purposes. We'll pay the taxes on her income; also I need to file a form W-7 along with the tax return so she can get an ITIN in place of an SSN. This is where it is getting interesting: the IRS person on the phone said that I needed to first apply for an SSN card for her, which they will deny, and then attach the denial letter with the W-7. I did finally find some text on one of the IRS web pages that backs that up. "Complete Form W-7 only if the Social Security Administration (SSA) notifies you that a SSN cannot be issued."

 

Problem is, now I'm looking at the SS-5-FS for applying for the sure-to-be-denied SS card, and it says (in the Citizenship section) that if I check "Other" (which I would), I "must provide a document from a U.S. Federal, State, or local government agency that explains why you need a Social Security number..." hunh?

 

Now I need to go back to the IRS to get a letter from them to explain to the SSA why she's applying for an SSN she's sure to be denied?

 

Anyone gone through this and can help me understand?

 

thanks!

 

Tim

[chilton747]

I think the IRS agent doesn't know what he is talking about. We filled out the W7 and sent it in with the tax return and all went well. I wouldn't include her income. They have no way of tracking this. Just look at it as justice for the feds misuse of our tax dollars.

Edited January 28, 2011 by chilton747 (see edit history)

[tsap seui]

Hi,

 

I want to file 2010 taxes using "married filing joint" status. Any help would be appreciated. The IRS told me (on the phone) that I can do this, I would have to include any income she has, since the IRS will consider her a "resident alien" for tax purposes. We'll pay the taxes on her income; also I need to file a form W-7 along with the tax return so she can get an ITIN in place of an SSN. This is where it is getting interesting: the IRS person on the phone said that I needed to first apply for an SSN card for her, which they will deny, and then attach the denial letter with the W-7. I did finally find some text on one of the IRS web pages that backs that up. "Complete Form W-7 only if the Social Security Administration (SSA) notifies you that a SSN cannot be issued."

 

Problem is, now I'm looking at the SS-5-FS for applying for the sure-to-be-denied SS card, and it says (in the Citizenship section) that if I check "Other" (which I would), I "must provide a document from a U.S. Federal, State, or local government agency that explains why you need a Social Security number..." hunh?

 

Now I need to go back to the IRS to get a letter from them to explain to the SSA why she's applying for an SSN she's sure to be denied?

 

Anyone gone through this and can help me understand?

 

thanks!

 

Tim

 

 

Tim, like cuzin' Chawls I filed a W-7 for the ITIN number. I also sent in a power of attorney form signed by lil' rabbit. The orher proof (and easiest form of proof of who she is and where she lives) that you'll need for the W-7 is a certified copy of her passport.

 

I never heard of needing to get denied a SS card to apply.

 

You can send the W-7 with the tax return or send it to the address shown on the W-7 directions down in Texas, that is where the W-7 is going ot wind up no matter what.. They say it takes weeks 6-8??? to generate the ITIN number. Just apply for it and write "ITIN applied for" in the space for her SS#.

 

Good luck.

 

tsap seui

[TLB]

Hi,

 

I want to file 2010 taxes using "married filing joint" status. Any help would be appreciated. The IRS told me (on the phone) that I can do this, I would have to include any income she has, since the IRS will consider her a "resident alien" for tax purposes. We'll pay the taxes on her income; also I need to file a form W-7 along with the tax return so she can get an ITIN in place of an SSN. This is where it is getting interesting: the IRS person on the phone said that I needed to first apply for an SSN card for her, which they will deny, and then attach the denial letter with the W-7. I did finally find some text on one of the IRS web pages that backs that up. "Complete Form W-7 only if the Social Security Administration (SSA) notifies you that a SSN cannot be issued."

 

Problem is, now I'm looking at the SS-5-FS for applying for the sure-to-be-denied SS card, and it says (in the Citizenship section) that if I check "Other" (which I would), I "must provide a document from a U.S. Federal, State, or local government agency that explains why you need a Social Security number..." hunh?

 

Now I need to go back to the IRS to get a letter from them to explain to the SSA why she's applying for an SSN she's sure to be denied?

 

Anyone gone through this and can help me understand?

 

thanks!

 

Tim

 

 

Tim, like cuzin' Chawls I filed a W-7 for the ITIN number. I also sent in a power of attorney form signed by lil' rabbit. The orher proof (and easiest form of proof of who she is and where she lives) that you'll need for the W-7 is a certified copy of her passport.

 

I never heard of needing to get denied a SS card to apply.

 

You can send the W-7 with the tax return or send it to the address shown on the W-7 directions down in Texas, that is where the W-7 is going ot wind up no matter what.. They say it takes weeks 6-8??? to generate the ITIN number. Just apply for it and write "ITIN applied for" in the space for her SS#.

 

Good luck.

 

tsap seui

 

 

thanks guys, that sounds good. I talked with the IRS again (different person) and this time the guy on the phone said it might be useful to have that letter of denial, but he said if it were him, and he didn't have the letter, he'd send in the W-7 and tax return anyway. Worst case it might hold things up while they go see if she's eligible, or they'd ask for it at that time during processing. If that happens, I'll still have what I want, which is to show married filing joint on my 2010 return when she goes for her visa interview (hopefully this spring) -- I'm hoping that might help with the bona fides.

 

 

thanks!

[dan_ling]

When you include her income you can file the 2555 form and exclude her foreign income, this is a one time exclusion. I first filed Married Filing Seperately because my wife did not have a SSN# and after we got her SSN# I amended to Married Filing Jointly and used the 2555 to exclude her income.

[david_dawei]

You need to submit a notarized copy of her passport with the W-7, for an ITIN. Consulate: $50

[TLB]

You need to submit a notarized copy of her passport with the W-7, for an ITIN. Consulate: $50

 

 

 

I have a notarized copy of her passport, but it's a Notarial Certificate from the Notary Public Office in her city (Yingkou, Liaoning) -- did I read somewhere that the IRS would only accept a passport notarized in the US or at the US consulate?

[david_dawei]

You need to submit a notarized copy of her passport with the W-7, for an ITIN. Consulate: $50

 

 

 

I have a notarized copy of her passport, but it's a Notarial Certificate from the Notary Public Office in her city (Yingkou, Liaoning) -- did I read somewhere that the IRS would only accept a passport notarized in the US or at the US consulate?

 

I think you can take that copy and then you need to follow a procedure to get it notarized (or maybe it's certified) in the US. Dan explained that in another thread somewhere.

[Highlander 08 09 10 11]

On the IRS site, other than a passport or certified copy, Civil Birth Certificate, , National Identification Card, and Foreign driver's License can be used with the W-7. Site says, Passport (stand alone document). So maybe if other than Passport, 2 or more other documents are required.

[bullmastiff]

On the IRS site, other than a passport or certified copy, Civil Birth Certificate, , National Identification Card, and Foreign driver's License can be used with the W-7. Site says, Passport (stand alone document). So maybe if other than Passport, 2 or more other documents are required.

 

 

NO !

This is what you need to accompany W-7 : notarized copy of her passport done by the US Consulate in China .

W7 form has to be signed by her and list your SSN .

Along with these, in 1040 , you check married filing joint return with her SSN entered as ITIN being applied for.

Along with the 1040 , you need to include a statement stating that both of you want to be treated as a resident for the tax year of 2010 . Both of you sign the statement.

 

By the way, if you are expecting a refund , you might as well be prepared ahead to get Dept. of Revenue Power of attorney form notarized by the US Consulate in China. This way, you will have not problem in depositing the joint refund check . Of course, unless, you want to try it with the direct deposit route. ( take your own risk ).

[tsap seui]

On the IRS site, other than a passport or certified copy, Civil Birth Certificate, , National Identification Card, and Foreign driver's License can be used with the W-7. Site says, Passport (stand alone document). So maybe if other than Passport, 2 or more other documents are required.

 

 

The best way is the passport route. I tried those other forms of ID and wound up getting my wife to just send her passport to me. It took a total of 4 days to get here to me. I took it and got a copy of it notorized.

 

Bullmastif madea good post below.

 

What I found was at the costs of white books these days, it was almost as expensive as replacing my wife's passport to get a consulate to certify the damn thing. So she sent it and it got here very quickly.

 

I also got the power of attorney thing too, not that we will be getting any refunds, just because I wanted some POWER!!!

 

Good luck, the most sure way is the passport route.....and you only need one thing certifyed, not 2 or 3.

 

tsap seui

[Highlander 08 09 10 11]

I never get a refund, I always have to pay when I send in my Tax forms. Tax forms, what a mess.

[Highlander 08 09 10 11]

On the IRS site, other than a passport or certified copy, Civil Birth Certificate, , National Identification Card, and Foreign driver's License can be used with the W-7. Site says, Passport (stand alone document). So maybe if other than Passport, 2 or more other documents are required.

 

 

The best way is the passport route. I tried those other forms of ID and wound up getting my wife to just send her passport to me. It took a total of 4 days to get here to me. I took it and got a copy of it notorized.

 

Bullmastif madea good post below.

 

What I found was at the costs of white books these days, it was almost as expensive as replacing my wife's passport to get a consulate to certify the damn thing. So she sent it and it got here very quickly.

 

I also got the power of attorney thing too, not that we will be getting any refunds, just because I wanted some POWER!!!

 

Good luck, the most sure way is the passport route.....and you only need one thing certifyed, not 2 or 3.

 

tsap seui

 

 

 

Maybe I will get her to send it to me. I can take it back to her next month. I will have to take this tax crap to someone to fill out this crap, crap, crap, anyway. I do not mind at all paying taxes, it is just the complex crapppppy forms to fill out............more steam, I know..........

[tsap seui]

On the IRS site, other than a passport or certified copy, Civil Birth Certificate, , National Identification Card, and Foreign driver's License can be used with the W-7. Site says, Passport (stand alone document). So maybe if other than Passport, 2 or more other documents are required.

 

 

The best way is the passport route. I tried those other forms of ID and wound up getting my wife to just send her passport to me. It took a total of 4 days to get here to me. I took it and got a copy of it notorized.

 

Bullmastif madea good post below.

 

What I found was at the costs of white books these days, it was almost as expensive as replacing my wife's passport to get a consulate to certify the damn thing. So she sent it and it got here very quickly.

 

I also got the power of attorney thing too, not that we will be getting any refunds, just because I wanted some POWER!!!

 

Good luck, the most sure way is the passport route.....and you only need one thing certifyed, not 2 or 3.

 

tsap seui

 

 

 

Maybe I will get her to send it to me. I can take it back to her next month. I will have to take this tax crap to someone to fill out this crap, crap, crap, anyway. I do not mind at all paying taxes, it is just the complex crapppppy forms to fill out............more steam, I know..........

 

 

Yep, same boat here, I'll just take it back with me. And ya know, if it had gotten lost, it wasn't much more thatn the stupid white book to replace it, plus, as with most of our wimmins, there ain't a dang stamp in it anyhow.

 

Good luck with it.

 

tsap seui

[bullmastiff]

On the IRS site, other than a passport or certified copy, Civil Birth Certificate, , National Identification Card, and Foreign driver's License can be used with the W-7. Site says, Passport (stand alone document). So maybe if other than Passport, 2 or more other documents are required.

 

 

The best way is the passport route. I tried those other forms of ID and wound up getting my wife to just send her passport to me. It took a total of 4 days to get here to me. I took it and got a copy of it notorized.

 

Bullmastif madea good post below.

 

What I found was at the costs of white books these days, it was almost as expensive as replacing my wife's passport to get a consulate to certify the damn thing. So she sent it and it got here very quickly.

 

I also got the power of attorney thing too, not that we will be getting any refunds, just because I wanted some POWER!!!

 

Good luck, the most sure way is the passport route.....and you only need one thing certifyed, not 2 or 3.

 

tsap seui

 

 

 

Maybe I will get her to send it to me. I can take it back to her next month. I will have to take this tax crap to someone to fill out this crap, crap, crap, anyway. I do not mind at all paying taxes, it is just the complex crapppppy forms to fill out............more steam, I know..........

 

 

You'll probably end up preparing the 1040 and others yourself . Most tax preparers in small towns don't have a clue about this. Not many people in the US is in our situation with spouse 7000 miles away and doing everything right according to rules & regulations.