Date as of when I'm considered a resident - for tax purposes
Dec 2nd 2009, 7:43 pm
#1
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Date as of when I'm considered a resident - for tax purposes
Hello all,
I've started doing my taxes for 2009 to get a head start. Yes, it's early and yes, I'm usually very very last minute, but in this case I decided to get a head start because I want to decide about spending some money before year end or not.
The software Turbotax asks me the date as of when I became a resident in my state. Should this date be the date that I submitted the application package (submitted in the US after marriage) or the date I got my initial work authorization or the date of the PR approval that came later?
Perhaps the relevancy of this date is different for USCIS and IRS purposes. And perhaps in terms of calculating tax it will make a difference. Can you please clarify all of this for me?
Thank you.
I've started doing my taxes for 2009 to get a head start. Yes, it's early and yes, I'm usually very very last minute, but in this case I decided to get a head start because I want to decide about spending some money before year end or not.
The software Turbotax asks me the date as of when I became a resident in my state. Should this date be the date that I submitted the application package (submitted in the US after marriage) or the date I got my initial work authorization or the date of the PR approval that came later?
Perhaps the relevancy of this date is different for USCIS and IRS purposes. And perhaps in terms of calculating tax it will make a difference. Can you please clarify all of this for me?
Thank you.
Dec 2nd 2009, 7:51 pm
#2
Joined: Oct 2006
Location: Reno Nevada
Posts: 15,917
Re: Date as of when I'm considered a resident - for tax purposes
Does this help http://www.irs.gov/businesses/small/...129431,00.html
Dec 2nd 2009, 7:52 pm
#3
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Date as of when I'm considered a resident - for tax purposes
Hello all,
I've started doing my taxes for 2009 to get a head start. Yes, it's early and yes, I'm usually very very last minute, but in this case I decided to get a head start because I want to decide about spending some money before year end or not.
The software Turbotax asks me the date as of when I became a resident in my state. Should this date be the date that I submitted the application package (submitted in the US after marriage) or the date I got my initial work authorization or the date of the PR approval that came later?
Perhaps the relevancy of this date is different for USCIS and IRS purposes. And perhaps in terms of calculating tax it will make a difference. Can you please clarify all of this for me?
Thank you.
I've started doing my taxes for 2009 to get a head start. Yes, it's early and yes, I'm usually very very last minute, but in this case I decided to get a head start because I want to decide about spending some money before year end or not.
The software Turbotax asks me the date as of when I became a resident in my state. Should this date be the date that I submitted the application package (submitted in the US after marriage) or the date I got my initial work authorization or the date of the PR approval that came later?
Perhaps the relevancy of this date is different for USCIS and IRS purposes. And perhaps in terms of calculating tax it will make a difference. Can you please clarify all of this for me?
Thank you.
Did you move, or have you only lived in the one state?
Rene
Dec 2nd 2009, 8:04 pm
#4
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Joined: Apr 2001
Posts: 46,392
Re: Date as of when I'm considered a resident - for tax purposes
Just include a short note that you wish to be considered as a PR for income tax purposes. That is all that is required, along with completing the required physical presence test.
It is the date you entered the US.
It is the date you entered the US.
Dec 2nd 2009, 9:06 pm
#5
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Joined: Oct 2009
Posts: 37
Re: Date as of when I'm considered a resident - for tax purposes
The answer, I think, is the date you entered the USA.
I hope I'm not hijacking your posting but I am in a similar position having entered USA on June 20th 2009 and just got notice that my Green Card will be issued this week. I note from the regulations usefully referenced in the link that "an alien who has been present in the United States at any time during a calendar year as a Lawful Permanent Resident (ie presumably eg having a Green Card) may choose to be treated as a resident alien for the entire calendar year".
Maybe therefore it would be advantageous for you to choose to be subject to USA tax from January 1st 2009 and claim back fom the UK Inland Revenue the tax paid for the period January 1st 2009 to April 5th 2009 ?
I hope I'm not hijacking your posting but I am in a similar position having entered USA on June 20th 2009 and just got notice that my Green Card will be issued this week. I note from the regulations usefully referenced in the link that "an alien who has been present in the United States at any time during a calendar year as a Lawful Permanent Resident (ie presumably eg having a Green Card) may choose to be treated as a resident alien for the entire calendar year".
Maybe therefore it would be advantageous for you to choose to be subject to USA tax from January 1st 2009 and claim back fom the UK Inland Revenue the tax paid for the period January 1st 2009 to April 5th 2009 ?
Dec 2nd 2009, 9:26 pm
#6
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Joined: Apr 2001
Posts: 14,049
Re: Date as of when I'm considered a resident - for tax purposes
jm,
My wife became a US resident for tax purposes while she was still living in her country waiting for my I-130 to be processed so she could apply for her visa.
But if I recall correctly, you were already in the USA as a non-immigrant when your spouse petitioned for you? No matter, you can still enjoy the benefits of being a US taxpayer for 2009, without regard to when you arrived in the USA or when CIS makes you a PR, just by asking for the privilege as Rete pointed out.
Regards, JEff
My wife became a US resident for tax purposes while she was still living in her country waiting for my I-130 to be processed so she could apply for her visa.
But if I recall correctly, you were already in the USA as a non-immigrant when your spouse petitioned for you? No matter, you can still enjoy the benefits of being a US taxpayer for 2009, without regard to when you arrived in the USA or when CIS makes you a PR, just by asking for the privilege as Rete pointed out.
Regards, JEff
Hello all,
I've started doing my taxes for 2009 to get a head start. Yes, it's early and yes, I'm usually very very last minute, but in this case I decided to get a head start because I want to decide about spending some money before year end or not.
The software Turbotax asks me the date as of when I became a resident in my state. Should this date be the date that I submitted the application package (submitted in the US after marriage) or the date I got my initial work authorization or the date of the PR approval that came later?
Perhaps the relevancy of this date is different for USCIS and IRS purposes. And perhaps in terms of calculating tax it will make a difference. Can you please clarify all of this for me?
Thank you.
I've started doing my taxes for 2009 to get a head start. Yes, it's early and yes, I'm usually very very last minute, but in this case I decided to get a head start because I want to decide about spending some money before year end or not.
The software Turbotax asks me the date as of when I became a resident in my state. Should this date be the date that I submitted the application package (submitted in the US after marriage) or the date I got my initial work authorization or the date of the PR approval that came later?
Perhaps the relevancy of this date is different for USCIS and IRS purposes. And perhaps in terms of calculating tax it will make a difference. Can you please clarify all of this for me?
Thank you.
Dec 3rd 2009, 1:02 am
#7
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Re: Date as of when I'm considered a resident - for tax purposes
Thank you very much all.
Yes, I was already in the US as a non-immigrant when my husband petitioned for me. I was here on a visa waiver. No I didn't move, I remained in the same state. I'm not concerned about the UK tax portion because I have no taxable income there for 2009.
Rather than the "privilege" of being treated as a US resident for tax purposes I was actually hoping that perhaps my state tax bill could be lower if I could be considered non-resident here for part of the year. But after reading your comments and especially the irs link provided, it seems since I've been physically present here all year then I am considered resident for US tax purposes, even though I was here on a visa waiver immigration-wise, for the first few months of the year.
Yes, I was already in the US as a non-immigrant when my husband petitioned for me. I was here on a visa waiver. No I didn't move, I remained in the same state. I'm not concerned about the UK tax portion because I have no taxable income there for 2009.
Rather than the "privilege" of being treated as a US resident for tax purposes I was actually hoping that perhaps my state tax bill could be lower if I could be considered non-resident here for part of the year. But after reading your comments and especially the irs link provided, it seems since I've been physically present here all year then I am considered resident for US tax purposes, even though I was here on a visa waiver immigration-wise, for the first few months of the year.
Dec 3rd 2009, 2:21 pm
#8
Member
Joined: Apr 2001
Posts: 14,049
Re: Date as of when I'm considered a resident - for tax purposes
jm,
If you had any income in the UK in 2009 it has to be reported on your 2009 US tax return, whether or not you will owe any tax on it.
Regards, JEff
If you had any income in the UK in 2009 it has to be reported on your 2009 US tax return, whether or not you will owe any tax on it.
Regards, JEff
Dec 3rd 2009, 2:26 pm
#9
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Joined: Apr 2001
Posts: 46,392
Re: Date as of when I'm considered a resident - for tax purposes
I believe it is the other way around and that a resident will have a better tax advantage over a non-resident. I take it you are filing marriage, separate and not married, joint.
Thank you very much all.
Yes, I was already in the US as a non-immigrant when my husband petitioned for me. I was here on a visa waiver. No I didn't move, I remained in the same state. I'm not concerned about the UK tax portion because I have no taxable income there for 2009.
Rather than the "privilege" of being treated as a US resident for tax purposes I was actually hoping that perhaps my state tax bill could be lower if I could be considered non-resident here for part of the year. But after reading your comments and especially the irs link provided, it seems since I've been physically present here all year then I am considered resident for US tax purposes, even though I was here on a visa waiver immigration-wise, for the first few months of the year.
Yes, I was already in the US as a non-immigrant when my husband petitioned for me. I was here on a visa waiver. No I didn't move, I remained in the same state. I'm not concerned about the UK tax portion because I have no taxable income there for 2009.
Rather than the "privilege" of being treated as a US resident for tax purposes I was actually hoping that perhaps my state tax bill could be lower if I could be considered non-resident here for part of the year. But after reading your comments and especially the irs link provided, it seems since I've been physically present here all year then I am considered resident for US tax purposes, even though I was here on a visa waiver immigration-wise, for the first few months of the year.
Dec 3rd 2009, 8:10 pm
#10
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Re: Date as of when I'm considered a resident - for tax purposes
Yes, was intending to file married, filing separately. Did you have any thoughts on this?
Perhaps I should work up the inputs to see what the outcome would be if we did it jointly but I'm worried it might get too complicated. And my husband is not as organized as I am. I would have to "work" to gather all his paperwork which is scattered everywhere and probably some receipts lost etc.
Perhaps I should work up the inputs to see what the outcome would be if we did it jointly but I'm worried it might get too complicated. And my husband is not as organized as I am. I would have to "work" to gather all his paperwork which is scattered everywhere and probably some receipts lost etc.
Dec 3rd 2009, 8:34 pm
#11
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Joined: Apr 2001
Posts: 14,049
Re: Date as of when I'm considered a resident - for tax purposes
jm,
Your husband, or you on his behalf, is going to have to get all his paperwork together anyway - yes?
In general, especially when most of the income is earned by one of the spouses, filing married joint results in paying less taxes. The tax rate is lower, and the personal exemptions come off a combined income that's not much higher than the higher-earning spouse's individual income.
If they filed separately, and the lower-earning spouse would have paid little or no tax anyway, that spouse's exemption would be wasted.
Regards, JEff
Your husband, or you on his behalf, is going to have to get all his paperwork together anyway - yes?
In general, especially when most of the income is earned by one of the spouses, filing married joint results in paying less taxes. The tax rate is lower, and the personal exemptions come off a combined income that's not much higher than the higher-earning spouse's individual income.
If they filed separately, and the lower-earning spouse would have paid little or no tax anyway, that spouse's exemption would be wasted.
Regards, JEff
Yes, was intending to file married, filing separately. Did you have any thoughts on this?
Perhaps I should work up the inputs to see what the outcome would be if we did it jointly but I'm worried it might get too complicated. And my husband is not as organized as I am. I would have to "work" to gather all his paperwork which is scattered everywhere and probably some receipts lost etc.
Perhaps I should work up the inputs to see what the outcome would be if we did it jointly but I'm worried it might get too complicated. And my husband is not as organized as I am. I would have to "work" to gather all his paperwork which is scattered everywhere and probably some receipts lost etc.
Last edited by jeffreyhy; Dec 3rd 2009 at 8:48 pm.
Dec 3rd 2009, 8:36 pm
#12
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Location: Phoenix, Arizona
Posts: 58,679
Re: Date as of when I'm considered a resident - for tax purposes
Yes, was intending to file married, filing separately. Did you have any thoughts on this?
Perhaps I should work up the inputs to see what the outcome would be if we did it jointly but I'm worried it might get too complicated. And my husband is not as organized as I am. I would have to "work" to gather all his paperwork which is scattered everywhere and probably some receipts lost etc.
Perhaps I should work up the inputs to see what the outcome would be if we did it jointly but I'm worried it might get too complicated. And my husband is not as organized as I am. I would have to "work" to gather all his paperwork which is scattered everywhere and probably some receipts lost etc.
I know what you mean, though...I'm the organized one and I'm the one who has to track down hubby's records, receipts, etc. and keep track of them all year long so it's not a huge mess at the end of the year.
Rene
Dec 4th 2009, 12:39 am
#13
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Re: Date as of when I'm considered a resident - for tax purposes
I mentioned it to my husband and he said yes, it could be a huge advantage to his tax bill, so now I do have to wait for him to gather all his bits of paper. I hope you guys haven't gotten me into trouble because his affairs are a mess and now I'll be the one doing it for him too! I was hoping to do just mine and slink out of doing his :-)
Yes, using Turbo tax and the borders of my patience I will work it out both ways and see which one works out better.
Yes, using Turbo tax and the borders of my patience I will work it out both ways and see which one works out better.
Dec 4th 2009, 2:53 am
#14
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Re: Date as of when I'm considered a resident - for tax purposes
Hi JMood,
I am not sure id it's correct but your joint tax returns are relevant for your removal of conditions in two years.
Btw Turbotax leaves still a option to play what works out better for you.
Take care
CCR
I am not sure id it's correct but your joint tax returns are relevant for your removal of conditions in two years.
Btw Turbotax leaves still a option to play what works out better for you.
Take care
CCR
Dec 4th 2009, 2:58 am
#15
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Re: Date as of when I'm considered a resident - for tax purposes
Rene