Korean Job Discussion Forums

[Swampfox10mm]

So we're trying to file taxes again, but having problems.

We've even talked to the IRS, and they're advice was -- get this -- illegal.

The issue is that we aren't sure how to handle my wife's "Tax ID number." First of all, she is NOT an American citizen. She is Korean, and our request for a tax ID number was rejected. Second, our filings keep getting rejected as "in error" because we don't have this tax ID number. Third, I technically don't owe any US taxes because my income is under the limit per year.

My dad called their IRS and their advice was that I should just file as single. But I'm married?? Wouldn't this come back to bite me later? What if my wife does become American later? Thirdly, we have a child together, and she's both American and Korean. My wife claims our child on our Korean taxes.

How do other married Americans handle this?

I also don't feel it's any of the USA's damn business how much money my wife makes, as she is not American. My worry is that they're going to come back some day and fine us for something we've tried everything to do correctly, but cannot seem to get a straight answer for.

[amoonbot]

As far marriage goes, unless you registered your marriage in the United States, technically, you are single back in the states. That's why there might be an issue with the whole tax return. I'd recommend filing single because even if you are married in Korea since you aren't registered for marriage in the states, it doesn't count back at home. If you end up moving back home and taking your wife, you can register then and I'm sure there wouldn't be any repercussions. I'd check with a CPA back at home though.

[Swampfox10mm]

We registered with both the US and Korea when we married 4 years ago tho.....

[nathanrutledge]

She's not an American, so why does she file with the states?

What benefit are you gaining by filing as "married?" AFAIK, you can file as "married, filing single." Just do that.

Also, as a heads up, the tax situation got a whole lot more complicated this year. We now have to report any time our holdings in a foreign bank are over 10k in a year (aggregate, not per bank/account), and we have to fill out a few extra forms. Apparently they are so complicated and effed up that even accountants are saying that it's impossible to file it properly.

[T-J]

Married filing separately.

Easy peasy.

[Swampfox10mm]

I wrote to dad about that today, but I have to think if it were that easy, he would have done it...

I think it may have something to do with him using TurboTax.

[Skippy]

Ha! What business is it the IRS to know about your wife's account! Well they are the IRS they want it. If this gets your shorts in a twist.

Google FATCA - expect hassles in the future!

[Mariner]

I'm not a CPA but I've been doing complicated 1040s and read most of the bulletins that pertain to my tax situation.

I think you should simply file as Married Filing Separately, Head of Household. Your child can be claimed as a dependent on your US taxes even if she/he was claimed on your Korean taxes. This part of the tax code is not clarified by US-Korea Tax treaty, so you may take the benefit when not specifically exempted.

If your wife does not have a SSN, US Alien Resident Status, or earned any part of her income in the US, she does not have to file a 1040.

Turbo Tax/Intuit/H&R Block Turbo Tax etc... may not be able to handle this situation.

There is a H&R Block handling US taxes somewhere near Itaewon, if you are really distraught try contacting them.

[Swampfox10mm]

Heard back from my father. He said that he is attempting to file separately, but it will not allow it because she cannot get a SSN or a tax ID# (TIN number).

So... must be a turbo tax issue? Turbo tax says those numbers are required.

I hate to involve H&R Block Korea, because they charge more than 150,000 per year minimum, per old thread on Dave's.

[T-J]

Fill it out on paper. Simply write in foreign spouse. Mail it in. Been doing it for years. No problem. Paper is actually faster with the foreign income exclusion.

[Swampfox10mm]

He said he's been printing it and mailing it in... no problems so far. Of course, I work with two guys who haven't filed in over 5 years, and they haven't been called on it, either.

[Hyeon In]

[northway]

[Hyeon In]