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

[Randy W]

But the Form 2848 says at the top, "Form 2848 will not be honored for any purpose other than representation before the IRS"

 

You may need another POA to be able to cash the check. Work with your bank here to see what they need.

 

Item 6 of Form 2648 says, "If you want to authorize a representative named on Iine 2 to receive, BUT NOT TO ENDORSE OR CASH, refund checks, initial here" - that means you can authorize them to RECEIVE your checks (the IRS will mail it to them), but this form will not allow them to CASH it. Form 2648 IS NOT CONCERNED WITH CASHING THE CHECK - that's an outside matter.

 

Yes, I know... I'm hoping the bank sees the catch-22; authorized to file taxes for someone not in this country and then issuing a check to that person who is not even on a bank account, etc. That's why I said I would "argue" it if it comes to it. This is my initial plan. If the bank would refuse to let me put her name on the account and refuse to cash it, I'll tell them that they need to tell me how to cash a check the government Ok'ed to file and draw. I can at least show the bank proof of why I even have a check with her name on it, etc.

 

 

 

Someone who can RECEIVE your check should be able to DEPOSIT it for you - into a JOINT account, however, so that won't help you

 

Why not get another POA from her for cashing the check? I sold our house that way, with one of our neighbors sitting in.

[chilton747]

David is your bank one of those giant monster mega banks or a local hometown bank or credit union?

 

GMMB you can forget. A local hometown bank or regional bank will be more receptive. Not sure about a credit union but perhaps they could be positive. Go to the bank and explain what is happening to a supervisor before you go to great trouble doing other things. You could even go as far as to use the bank to wire some of the money from the check to your wife. (as in her cut)

[Beachey]

A related question. I am clear on the W-7 and documentation needed for my federal return. I also need to file a state return. I was thinking of including a copy of the W-7 there as well.

 

Anybody ever have any issues?

 

 

[chilton747]

A related question. I am clear on the W-7 and documentation needed for my federal return. I also need to file a state return. I was thinking of including a copy of the W-7 there as well.

 

Anybody ever have any issues?

 

 

I included a copy of the W7 with my state as well along with supporting evidence (notarized copy of passport). No problems other than a delay.

[Beachey]

No problems other than a delay.

 

 

Since I owe, they can take all the time they want.

[david_dawei]

Why not get another POA from her for cashing the check?

I may do that. At least I don't need one until the check is in hand.

 

David is your bank one of those giant monster mega banks or a local hometown bank or credit union?

BOA. I wrote them to see what they say.

[chilton747]

Why not get another POA from her for cashing the check?

I may do that. At least I don't need one until the check is in hand.

 

David is your bank one of those giant monster mega banks or a local hometown bank or credit union?

BOA. I wrote them to see what they say.

 

 

BOA....probably one of the worst at customer NO service. Good luck with that one.

[david_dawei]

Ok... despite some success stories on the internet getting their banks to "let it slide" by on a deposit, the Bank of [no service] America said to forget it. They all but said you can tear up your refund check or use it as TP

 

I talked through 3 levels of IRS and got through to a legal tax code person. Long story short, they said the safest thing to do is to file as: Married filing separately. I asked if I can amend it later to be as Married filing jointly to realize the refund difference lost and they said 'yes'.

 

So... If I file, Married filing separately:

- No need for ITIN #

- No need for power of attorney (form 4838)

- No need to stipulate her as a nonresident to be considered a resident (Publication 15)

- No need for form 2555 to exclude her income

- No need for a check with two names

- No need for Bank of America to show the slightest understanding

 

I can amend later if I want and then I'll need to do most of the above.

 

Honestly, this situation is apparent to many, many people for many, many years. I am surprised to never hear of it being raised; or I didn't pay attention.

[Beachey]

Ok... despite some success stories on the internet getting their banks to "let it slide" by on a deposit, the Bank of [no service] America said to forget it. They all but said you can tear up your refund check or use it as TP

 

I talked through 3 levels of IRS and got through to a legal tax code person. Long story short, they said the safest thing to do is to file as: Married filing separately. I asked if I can amend it later to be as Married filing jointly to realize the refund difference lost and they said 'yes'.

 

So... If I file, Married filing separately:

- No need for ITIN #

- No need for power of attorney (form 4838)

- No need to stipulate her as a nonresident to be considered a resident (Publication 15)

- No need for form 2555 to exclude her income

- No need for a check with two names

- No need for Bank of America to show the slightest understanding

 

I can amend later if I want and then I'll need to do most of the above.

 

Honestly, this situation is apparent to many, many people for many, many years. I am surprised to never hear of it being raised; or I didn't pay attention.

 

 

One other option is to apply this year's refund to your next year's taxes. I did that one year because my refund was only a few dollars and I didn't want to have to bother with a check. Depending on the size of the refund you could even adjust your withholding to get the money back sooner. Eliminates the need to file an amended return.

 

Sorry I can't help with BOA - I have had my own frustrations with them as well.

[david_dawei]

One other option is to apply this year's refund to your next year's taxes. I did that one year because my refund was only a few dollars and I didn't want to have to bother with a check. Depending on the size of the refund you could even adjust your withholding to get the money back sooner. Eliminates the need to file an amended return.

I thought about that. I have until the 18th to make a final decision. I just know it won't be easy to explain to a chinese wife who believes a 'dollar in the hand is worth two in the IRS pocket waiting for me'.

[Beachey]

I just know it won't be easy to explain to a chinese wife who believes a 'dollar in the hand is worth two in the IRS pocket waiting for me'.

 

 

Believe me, I can sympathize. When I had my wife sign the tax returns, I felt the need to try to explain to her what she was signing. Trying to explain to her why her income in China is taxable by the US government and why it was to our benefit to do it that way was a challenge. Honestly, she didn't care that much.

 

The fact that if she signed the US gov't was going to give us money was good enough for her.

[Randy W]

Ok... despite some success stories on the internet getting their banks to "let it slide" by on a deposit, the Bank of [no service] America said to forget it. They all but said you can tear up your refund check or use it as TP

 

I talked through 3 levels of IRS and got through to a legal tax code person. Long story short, they said the safest thing to do is to file as: Married filing separately. I asked if I can amend it later to be as Married filing jointly to realize the refund difference lost and they said 'yes'.

 

So... If I file, Married filing separately:

- No need for ITIN #

- No need for power of attorney (form 4838)

- No need to stipulate her as a nonresident to be considered a resident (Publication 15)

- No need for form 2555 to exclude her income

- No need for a check with two names

- No need for Bank of America to show the slightest understanding

 

I can amend later if I want and then I'll need to do most of the above.

 

Honestly, this situation is apparent to many, many people for many, many years. I am surprised to never hear of it being raised; or I didn't pay attention.

 

 

 

It comes up around this time of year, but I don't remember anyone having so much trouble cashing the check that they would have to resort to filing separately. Some have filed singly. Incidentally, the instructions say to include her SSN or ITIN, UNLESS she does not have one and is not required to have one (you're cool there).

[chilton747]

Ok... despite some success stories on the internet getting their banks to "let it slide" by on a deposit, the Bank of [no service] America said to forget it. They all but said you can tear up your refund check or use it as TP

 

I talked through 3 levels of IRS and got through to a legal tax code person. Long story short, they said the safest thing to do is to file as: Married filing separately. I asked if I can amend it later to be as Married filing jointly to realize the refund difference lost and they said 'yes'.

 

So... If I file, Married filing separately:

- No need for ITIN #

- No need for power of attorney (form 4838)

- No need to stipulate her as a nonresident to be considered a resident (Publication 15)

- No need for form 2555 to exclude her income

- No need for a check with two names

- No need for Bank of America to show the slightest understanding

 

I can amend later if I want and then I'll need to do most of the above.

 

Honestly, this situation is apparent to many, many people for many, many years. I am surprised to never hear of it being raised; or I didn't pay attention.

 

 

 

It comes up around this time of year, but I don't remember anyone having so much trouble cashing the check that they would have to resort to filing separately. Some have filed singly. Incidentally, the instructions say to include her SSN or ITIN, UNLESS she does not have one and is not required to have one (you're cool there).

 

 

David it's the giant monster megabank syndrome. They are out to see what they can screw you over on. You need more of a hometown bank that appreciates your business or even join a credit union where you become one of the owners. Then you will be able to deposit the check. Try and go set up a new account with one of these banks I described and tell them the tax check will be coming and ask if they will take it.

[david_dawei]

It comes up around this time of year, but I don't remember anyone having so much trouble cashing the check that they would have to resort to filing separately. Some have filed singly. Incidentally, the instructions say to include her SSN or ITIN, UNLESS she does not have one and is not required to have one (you're cool there).

The tax code agent seemed to say that filing single was 'wrong'... I didn't press the issue concerning what she really meant by that; but If your going to file in such a way which later requires an amendment, then may as well file as close to correct as possible; Married.

 

Yes, I caught no need for the SSN or ITIN since she is not required of her. But I have a few personal reasons I will send it in anyways.

1. I can't amend until she is here anyways. By the time she is here, I don't want to wait for an ITIN since it can be used for other reasons to put her on some account, etc.

2. I don't want to file the ITIN with the amendment just so the IRS have one less thing to process and sync up. I heard filing the ITIN will delay the processing overall, so I would rather my original (when she is not here) is delayed than delay the amendment (when she is here). I can already hear her asking why the amendment takes so long... got to think ahead.

[david_dawei]

David it's the giant monster megabank syndrome. They are out to see what they can screw you over on. You need more of a hometown bank that appreciates your business or even join a credit union where you become one of the owners. Then you will be able to deposit the check. Try and go set up a new account with one of these banks I described and tell them the tax check will be coming and ask if they will take it.

I understand that is going on... but I'm not going to play any games just to leverage this one-time issue. It's not just the banking system which has us bend over grabbing our ankles; it's the government, industry, media, education system, etc. It's our way of life