how to file taxes ?

[Doug]

On most insurance I have her as beneficiary, and the paper to prove it since it was part of the visa process, then let my kids work out the other property. That way she gets cash and can stay or go back to China, whatever. Good ideas, I should look into the survivorship thing. If she is here, I have no problem with her signing everything. In fact in Texas one can buy and sell real estate in their sole name, but the spouse must sign a paper acknowledging (sure is a long word) that she is aware of it. I went through that before, many years ago before China was in my life.

Insurance was the only thing I did not need an ITIN to get her name on to help show a bonafide relationship, along with you and your wife's help (statement thanks again). You would think as many trips as I took to China that we would have gone to the Shanghai consulate and got the passport cert so I can get an ITIN. I guess I will, if she does not have her visa next month. I need to go back and 1040x 2012 with or without her on there. I made a real bonehead mistake I found the other day. I have been trying to decide that as well.

Edited January 29, 2015 by Doug (see edit history)

[Randy W]

When filing electronically or otherwise trying to enter "N/A" into a numeric field, try entering all zeroes. This is a standard of the IRS' free-file forms, so it should apply to any of the electronic filing software. Enter "000-00-0000" for an SS number that is not available (or needed, for example, when filing Married filing separately with a spouse who does not have an SS number), or "000-000-0000" for a phone number.

[Doug]

[Guest SloppyZhou_]

Suggest anyone who is married and whose spouse does not have an SSN, to avoid trying to 'game' the system, which is in fact fraud. Our tax codes and laws, as cumbersome as they may be are in fact laws. The purpose of an ITIN is to provide those who are not able to get an SSN an alternative to getting an assigned 9-digit number.

 

So, if you're married and your spouse is still living abroad without a valid US Visa, you must complete IRS Form W7 and register with the IRS. Select, Married Filing Separately. If you've already filed, you should file an amended return after you get the new ITIN. Consider hiring a tax professional for assistance getting the ITIN.

Edited February 2, 2015 by SloppyZhou_ (see edit history)

[Randy W]

Suggest anyone who is married and whose spouse does not have an SSN, to avoid trying to 'game' the system, which is in fact fraud. Our tax codes and laws, as cumbersome as they may be are in fact laws. The purpose of an ITIN is to provide those who are not able to get an SSN an alternative to getting an assigned 9-digit number.

 

So, if you're married and your spouse is still living abroad without a valid US Visa, you must complete IRS Form W7 and register with the IRS. Select, Married Filing Separately. If you've already filed, you should file an amended return after you get the new ITIN. Consider hiring a tax professional for assistance getting the ITIN.

 

 

From the IRS Publication 501 on filing Married Filing Separately - http://www.irs.gov/publications/p501/ar02.html

 

Enter your spouse's full name and SSN or ITIN in the spaces provided. If your spouse does not have and is not required to have an SSN or ITIN, enter “NRA” in the space for your spouse's SSN

 

 

"NRA" stands for Non-Resident Alien.

 

The "NRA" characters are not accepted by the electronic filing software - 000-00-0000 may be entered, or you may simply opt to file a paper return in this situation.

 

"Fraud" may be a fun word to toss around, but not applicable here - but welcome back, Jesse.

Edited February 2, 2015 by Randy W (see edit history)

[Guest SloppyZhou_]

 

Suggest anyone who is married and whose spouse does not have an SSN, to avoid trying to 'game' the system, which is in fact fraud. Our tax codes and laws, as cumbersome as they may be are in fact laws. The purpose of an ITIN is to provide those who are not able to get an SSN an alternative to getting an assigned 9-digit number.

 

So, if you're married and your spouse is still living abroad without a valid US Visa, you must complete IRS Form W7 and register with the IRS. Select, Married Filing Separately. If you've already filed, you should file an amended return after you get the new ITIN. Consider hiring a tax professional for assistance getting the ITIN.

 

 

From the IRS Publication 501 on filing Married Filing Separately - http://www.irs.gov/publications/p501/ar02.html

 

Enter your spouse's full name and SSN or ITIN in the spaces provided. If your spouse does not have and is not required to have an SSN or ITIN, enter “NRA” in the space for your spouse's SSN

 

 

"NRA" stands for Non-Resident Alien.

 

The "NRA" characters are not accepted by the electronic filing software - 000-00-0000 may be entered, or you may simply opt to file a paper return in this situation.

 

"Fraud" may be a fun word to toss around, but not applicable here - but welcome back, Jesse.

 

 

 

LIB, MR ducks. That's a very good source of information as to the legality. But, there remains the importance of showing a co-mingling of finances to keep the unpredictable conoff from sending a couple to the you don't have a bona fide relationship pile.

 

I'm not Jesse. My name is Joe. Pronounced in Chinese as "Zhou." I'm quite sloppy, so therefore the reference to it.

Edited February 2, 2015 by SloppyZhou_ (see edit history)

[dnoblett]

Note: I have yet to see a denial because a couple living overseas failed to show commingling of funds. The consulate is well aware that this is a difficult thing to present.

 

Keep in mind commingling tends to be a long time relationship thing, for example a couple who had lived in the states, and moved overseas, and after several years living out of the USA are now filing to get another spouse visa to return to the USA to live.

[Guest SloppyZhou_]

Note: I have yet to see a denial because a couple living overseas failed to show commingling of funds. The consulate is well aware that this is a difficult thing to present.

 

Keep in mind commingling tends to be a long time relationship thing, for example a couple who had lived in the states, and moved overseas, and after several years living out of the USA are now filing to get another spouse visa to return to the USA to live.

 

 

True, co-mingling money is a long term event.

 

It is however important to state that there is no way to establish specific criteria as to why one couple is denied and another couple is not. In a general sense, perhaps, but not with anything specific. For example, a couple my learn that a conoff is recommending their petition be revoked as he doesn't believe their relationship to be bona fide. Why? Well, most likely because he got his wires crossed when it came time to wire him into the god-particle.

 

A Conoffs panties may be all bunched up on Tuesday, and as a result he rejects every other couple and chalks it up to non-bona fide. Lawyers have been trying for years to compel them to be more specific as to why they reject, but alas, they just don't seem to be paying attention due to that Star Trek type shield called Consular Non-reviewability. It's a really cute thing that leaves everyone guessing, but works great for them, and not good at all for the couple.

[Doug]

Suggest anyone who is married and whose spouse does not have an SSN, to avoid trying to 'game' the system, which is in fact fraud. Our tax codes and laws, as cumbersome as they may be are in fact laws. The purpose of an ITIN is to provide those who are not able to get an SSN an alternative to getting an assigned 9-digit number.

 

So, if you're married and your spouse is still living abroad without a valid US Visa, you must complete IRS Form W7 and register with the IRS. Select, Married Filing Separately. If you've already filed, you should file an amended return after you get the new ITIN. Consider hiring a tax professional for assistance getting the ITIN.

Personally the system is a game, when it comes to taxes. You can easily feel like a crook, but it is honest according to the law. As my mayor says, the IRS teaches us how to be dishonest. And I sure had to get used to that myself. I usually study the heck out of something before I commit to filing like I did. Many things can be filled different ways too. Min boggling. Of course even in the IRS, they may review your filling about like an immigration officer, with no real explanation for their decisions. It is a game we play every year, especially if you have a little private business on the side and or rent houses/buildings, and then there is selling something and you carry the note. Even the IRS throws up their hands an gives you a choice how to handle it. I really wish we had a flat tax or sales tax. This filling every year is so ridiculous and a tax on our time.

[meandyouforever]

hi

i decided to ask my questions here rather than creating a new topic .

1) my wife is filing her tax , and i read here we need to file tax as " marraied filing seperately " or " married filing jointly " , what is the difference between them ? both of us living together in china and i dont have any SSN.

2) the second question is i am a student and i dont have any official job , sometimes help my teacher and get some money , and last year for some months i have got very little money from school as helping in living expenses which also there is not any official pay check for that ,

should i claim no income ?

thanks for help

[dnoblett]

hi

i decided to ask my questions here rather than creating a new topic .

1) my wife is filing her tax , and i read here we need to file tax as " marraied filing seperately " or " married filing jointly " , what is the difference between them ? both of us living together in china and i dont have any SSN.

2) the second question is i am a student and i dont have any official job , sometimes help my teacher and get some money , and last year for some months i have got very little money from school as helping in living expenses which also there is not any official pay check for that ,

should i claim no income ?

thanks for help

1) Just as it sounds, Jointly is just one 1040 return filed, where as separate involves filing two 1040 returns. There are a few reasons to file separate for example a married couple are living separately or in the case of immigration one person does not have a tax id number or SSN, the intent is to file a late return after arriving in the states.

 

2) Estimate the income and report that, there will be no tax anyway on such a small amount of income.

[Doug]

Out of Pub 17 this year. I didn't know you can claim your spouse on a separate return.

 

Your Spouse's Exemption

Your spouse is never considered your depend-ent.

Joint return. On a joint return you can claim one exemption for yourself and one for your spouse.

Separate return. If you file a separate return, you can claim an exemption for your spouse only if your spouse:

Had no gross income,

Is not filing a return, and

Was not the dependent of another tax-payer.

This is true even if the other taxpayer does not actually claim your spouse as a dependent.

You can claim an exemption for your spouse even if he or she is a nonresident alien. In that case, your spouse:

Must have no gross income for U.S. tax purposes,

Must not be filing a return, and

Must not be the dependent of another tax-payer

Edited March 1, 2015 by Doug (see edit history)