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naturegirl321
Joined: 04 May 2003
Posts: 9041
Location: home sweet home
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 Posted: Thu Aug 09, 2007 2:09 pm Post subject: |
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| shuize wrote: |
| naturegirl321 wrote: |
I did married filing separately, becuase if we file jointly then for tax purposes we're both residents, which means I'd no longer be excempt for 80K. And I definetly made more than 3, 300 this year.
Glenski, did you file jointly or separately? |
I do not understand the bold portion above.
I think more information is needed here. How does filing with your husband effect your residence status?
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According to the tax guide, it says that if you're married to a non-resident alien, then if you file jointly, for tax purposes, they consider both of you to be residents.
Last edited by naturegirl321 on Thu Aug 09, 2007 2:44 pm; edited 1 time in total |
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MELEE
Joined: 22 Jan 2003
Posts: 2583
Location: The Mexican Hinterland
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| Posted: Thu Aug 09, 2007 2:33 pm Post subject: |
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| But I thought your husband was not a resident alien. He'd have to be living in the US with a green card to be a resident alien. |
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naturegirl321
Joined: 04 May 2003
Posts: 9041
Location: home sweet home
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| Posted: Thu Aug 09, 2007 2:48 pm Post subject: |
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| MELEE wrote: |
| But I thought your husband was not a resident alien. He'd have to be living in the US with a green card to be a resident alien. |
Whopps, my mistake, I typed too fast. He's a non-resident alien |
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MELEE
Joined: 22 Jan 2003
Posts: 2583
Location: The Mexican Hinterland
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| Posted: Thu Aug 09, 2007 2:54 pm Post subject: |
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So that brings about an interesting question.
My husband has on various occasions been denied entry to the US. If we started filing jointly the IRS would consider him a resident? So then could we use that as leverage to get him admittance to the US?
Probably not right? I have the distinct feeling that one or both of us are on some sort of blacklist, which basically makes me not want to ever set foot in the country again. But I would also like the opportunity for my husband to see the places where I grew up and meet extended family. |
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naturegirl321
Joined: 04 May 2003
Posts: 9041
Location: home sweet home
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| Posted: Thu Aug 09, 2007 3:03 pm Post subject: |
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| MELEE wrote: |
So that brings about an interesting question.
My husband has on various occasions been denied entry to the US. If we started filing jointly the IRS would consider him a resident? So then could we use that as leverage to get him admittance to the US?
Probably not right? I have the distinct feeling that one or both of us are on some sort of blacklist, which basically makes me not want to ever set foot in the country again. But I would also like the opportunity for my husband to see the places where I grew up and meet extended family. |
I highly doubt it. The resident thing is only for taxes purposes and can't be used for immigration. Has your husband ever travelled or had residency in another country? Do you own property? These things might help getting the US visa. I know that my husband was denied three times before he met me and we're wary of trying again, THough we think we'll try for a tourist visa next year in July so he can meet my parents. If not we're thinking of going to live in China or the Czech Rep. I worked for a woman who has businesses there and has already told us she could get us a resident visa for either country. Then with that, we hope it'll be easier to get the USA one. |
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shuize
Joined: 04 Sep 2004
Posts: 1270
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| Posted: Fri Aug 10, 2007 12:43 am Post subject: |
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| naturegirl321 wrote: |
| According to the tax guide, it says that if you're married to a non-resident alien, then if you file jointly, for tax purposes, they consider both of you to be residents. |
Again, I'm no expert, but I suspect that provision applies to U.S. residents married to non-resident aliens. It would not surprise me if the IRS said, "OK, since you're filing jointly, for tax purposes we're going to treat you both as residents." But I would be surprised if a U.S. citizen who had established bona fide residence abroad lost that residence status merely by filing jointly with a non-resident alien spouse.
You should check with a tax professional. But if I was in your situation, I would file jointly, note that I'd applied for my spouse's taxpayer identification number and claim the foreign earned income exclusion in good faith. |
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naturegirl321
Joined: 04 May 2003
Posts: 9041
Location: home sweet home
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| Posted: Fri Aug 10, 2007 3:21 am Post subject: |
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| shuize wrote: |
| You should check with a tax professional. But if I was in your situation, I would file jointly, note that I'd applied for my spouse's taxpayer identification number and claim the foreign earned income exclusion in good faith. |
But why file jointly if my husband isn't a resident and doesn't work for a US company? I already have the 80K foreign exclusion. What's the pros of filing jointly? |
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shuize
Joined: 04 Sep 2004
Posts: 1270
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| Posted: Fri Aug 10, 2007 6:26 am Post subject: |
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| naturegirl321 wrote: |
| But why file jointly if my husband isn't a resident and doesn't work for a US company? I already have the 80K foreign exclusion. What's the pros of filing jointly? |
I think I misread an earlier post and assumed there was some problem with you being able to use "married filing separate" status.
If you're already covered under the foreign earned income exclusion, I'm not sure there is any incentive to file jointly. If your income were higher, joint filing would give you a larger standard deduction, an additional exemption, lower tax rate, etc.
In our case, my Japanese wife does not work but holds a green card and a U.S. social security number so I make a point of filing jointly. |
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bacasper
Joined: 17 Jul 2007
Posts: 32
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| Posted: Fri Aug 10, 2007 4:24 pm Post subject: |
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| Correct me if I am wrong but even if you are not planning to return to the states, you can still collect benefits from abroad after you turn 62 (or 65). So isn't it worth filing? |
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merlin
Joined: 10 May 2004
Posts: 582
Location: Somewhere between Camelot and NeverNeverLand
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| Posted: Sat Aug 11, 2007 12:16 am Post subject: |
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| My husband has on various occasions been denied entry to the US. If we started filing jointly the IRS would consider him a resident? So then could we use that as leverage to get him admittance to the US? |
In order to file or claim a person that person needs either a social security number or taxpayer identification number. If they have neither, they cannot be claimed as a deduction nor can they even file, jointly or otherwise.
So basically No, they will not even consider him as a hoshold member for taxpayer purposes unless you get him a tax ID number or SS#. Good luck. |
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Sgt Killjoy
Joined: 26 Jun 2004
Posts: 438
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| Posted: Sat Aug 11, 2007 11:55 pm Post subject: |
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Lots of stuff being bandied about on this thread that is just plain confusing.
1) You can not opt out of paying income taxes. You can file for an exemption from income taxes if you are living abroad, but guess what? You will only get the exemption if you file for it. If the IRS chooses to audit you, guess what? You don't get it. You need to file for it to get it.
2) You can choose to report your meager income as self employment income. You will pay 17.3% tax on it though. All of it gets sent to the social security. Why would anyone ever do that? Well, some say SS won't be around when I retire, but I disagree, it will always exist at the min as a welfare type of program or exist just for low income retirees.
I don't have 40 quarters yet (the min you need to collect SS when you retire) so I am taking care of that, buying into SS. Some say it is foolish and maybe they are right, but if I die, my kids get survivor benefits. If I get majorly disabled, I still have something every month.
Once I hit 40 quarters, forget it. No more paying for me.
3) If you are married, with very few exceptions, you need a TIN for your spouse. If you have kids and you spend at least 6 months in the US with one of your kids, you can file as head of household and you also can get the earned income credit.  (Big Bonus!)
4) Because the IRS loves having fun, if your last state of residence is a community property state, you could be liable to report half of your income and half of your spouses income on even a married filing separately form. Just food for thought, because on the joint form, you will need to report ALL of your husband's income and ALL of your income, no matter where it is earned.
Tax law sucks. |
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mdk
Joined: 09 Jun 2007
Posts: 425
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| Posted: Tue Aug 14, 2007 2:36 pm Post subject: |
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Hear! Hear!
I would never care to guess what the government of places like Mexico or Russia will be like in 10 years.
I am confidently assured that if the IRS takes an interest in you during that time frame, they will go after you like a terrier.
Also as to paying social security, you don't have to pay a set amount into it for 40 quarters. You just have to pay something. Then when you reach retirement, you get a minimum pension. Such a deal!
Then at the worst you can go live on the beach in Rosarita and take the bus into San Diego every couple of weeks. |
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MELEE
Joined: 22 Jan 2003
Posts: 2583
Location: The Mexican Hinterland
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| Posted: Tue Aug 14, 2007 3:04 pm Post subject: |
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I'm not counting on Social Security when I retire. Not because I don't believe it won't make it until then (though I wouldn't be surprised if it didn't) But because my grandparents lived on Social Security and really truely needed it, and also felt bad about having to have the government maintain them. My best friend's grandparents also collected--and laughed about it all the time--they didn't need that money they had plenty of other retirement money. I'm happy to have paid what little money I did pay into it before moving abroad at 22. I hope that money goes to someone like my grandfather who really needs it--but I'm doing my damndest to support myself until the day I die.
Last edited by MELEE on Tue Aug 14, 2007 6:28 pm; edited 1 time in total |
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naturegirl321
Joined: 04 May 2003
Posts: 9041
Location: home sweet home
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| Posted: Tue Aug 14, 2007 5:28 pm Post subject: |
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| Sgt Killjoy wrote: |
I don't have 40 quarters yet (the min you need to collect SS when you retire) so I am taking care of that, buying into SS.
3) If you are married, with very few exceptions, you need a TIN for your spouse. If you have kids and you spend at least 6 months in the US with one of your kids, you can file as head of household and you also can get the earned income credit. (Big Bonus!)
4) Because the IRS loves having fun, if your last state of residence is a community property state, you could be liable to report half of your income and half of your spouses income on even a married filing separately form. Just food for thought, because on the joint form, you will need to report ALL of your husband's income and ALL of your income, no matter where it is earned. |
What's 40 quarters? I lived and work part time in the USA from age 13-19, though always go the money back in the end.
How do you buy into SS?
The ITIN number has been lost. I've been calling the IRS and no one knows where it is. It's been six months and nothing. ANd the ITIN office doesn't have a phone number.
ABout the community property, I last resided in Illinois, so thank goodness that doesn't apply to me |
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Sgt Killjoy
Joined: 26 Jun 2004
Posts: 438
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| Posted: Wed Aug 15, 2007 2:21 am Post subject: |
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Well basically, you are credited with a quarter(it used to be any wage earned during a single quarter) for every about $1000 you earn during a year with a maximum of 4 quarters per year. That value goes up every year and a couple of years ago it was $950. Theoretically, it takes $40000 in income to be fully vested in social security. If it was all self employed income, you would pay out about $7000 in SS taxes but most of us have some other income to count on it.
I think I am about fully vested now, but I'm not sure, next time I make it back to the states, I'll get a SS report. |
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