Exemption Form IRS Tax Return Submission
Aug 17th 2004, 11:24 am
#1
Dorset Nearly Texas
Thread Starter
Joined: Nov 2003
Location: Dorset
Posts: 24
Exemption Form IRS Tax Return Submission
Hi Everyone,
To start with, a short background; I am a UKC and my wife of 12 years is a USC and we live in England. We are immigrating to USA on I130-DCF London process.
Part of the process is to complete an affidivat of support form and on there they ask for last 3 US Tax Returns for my wife.
Well my wife has never worked in US as left there when 15 years old. Have phoned IRS in USA twice over last few months and explained the situation and what we are doing. She spoke to two different people and they said she is exempt from FILING US Tax Returns because she left the US as a child and has never earnt a penny in the US (we understand the situation that it is worldwide income that counts and she explained this to them and said she has earnt money in UK, etc etc.).
We have a recent letter from the IRS showing that my wife had no income recorded with them and has not filed tax returns for last 3 years (which was a request by us to provide proof that she did not have to file but did not say categorically that she was exempt from filing). However, when we phoned the 2nd time recently and asked again to make sure she did not have to file, they again said no, she did not have to file. So we asked for a letter from them clearly stating she was exempt and the reasons for this.
Of course, good old government department, "we can not issue such a letter the one you have is fine."
Anywho, we then spoke to the London Embassy help line at £1.30 per min and they had never heard of this situation before.
If any one has had this experience and was in a similar situation to the one we are in, we would appreciate very much if they could tell us how they did it and whether there were any issues at the Visa interview, etc.
We have no issue with filing as I doubt she would have to pay any US tax. However, to start this process and file 20 years????? or 3 years???? tax returns and find all UK income info etc etc for 20 years??? or even 3 years and get help to fill them in, could take some time and if we do not need to, then that would be more efficient.
Thanks in advance and sorry for the long post.
Foo fighter
To start with, a short background; I am a UKC and my wife of 12 years is a USC and we live in England. We are immigrating to USA on I130-DCF London process.
Part of the process is to complete an affidivat of support form and on there they ask for last 3 US Tax Returns for my wife.
Well my wife has never worked in US as left there when 15 years old. Have phoned IRS in USA twice over last few months and explained the situation and what we are doing. She spoke to two different people and they said she is exempt from FILING US Tax Returns because she left the US as a child and has never earnt a penny in the US (we understand the situation that it is worldwide income that counts and she explained this to them and said she has earnt money in UK, etc etc.).
We have a recent letter from the IRS showing that my wife had no income recorded with them and has not filed tax returns for last 3 years (which was a request by us to provide proof that she did not have to file but did not say categorically that she was exempt from filing). However, when we phoned the 2nd time recently and asked again to make sure she did not have to file, they again said no, she did not have to file. So we asked for a letter from them clearly stating she was exempt and the reasons for this.
Of course, good old government department, "we can not issue such a letter the one you have is fine."
Anywho, we then spoke to the London Embassy help line at £1.30 per min and they had never heard of this situation before.
If any one has had this experience and was in a similar situation to the one we are in, we would appreciate very much if they could tell us how they did it and whether there were any issues at the Visa interview, etc.
We have no issue with filing as I doubt she would have to pay any US tax. However, to start this process and file 20 years????? or 3 years???? tax returns and find all UK income info etc etc for 20 years??? or even 3 years and get help to fill them in, could take some time and if we do not need to, then that would be more efficient.
Thanks in advance and sorry for the long post.
Foo fighter
Aug 17th 2004, 12:29 pm
#2
Guest
Posts: n/a
Re: Exemption Form IRS Tax Return Submission
No US citizen is exempted from filing income tax no matter how long ago or
where your income was. Fortunately I believe that US and UK signed tax
treaty a number of years ago, your wife only has to pay her income tax in UK
but must file with IRS nevertheless.
So, for the long term, I would suggest to contact IRS and explained your
wife situation (ie: to file for the past 'x' years as worldwide income) and
get clearance from them. In the mean time the letter from IRS is good enough
for immigration purpose.
Good luck.
"foo fighter" <member17635@british_expats.com> wrote in message
news:[email protected] m...
> Hi Everyone,
> To start with, a short background; I am a UKC and my wife of 12 years is
> a USC and we live in England. We are immigrating to USA on I130-DCF
> London process.
> Part of the process is to complete an affidivat of support form and on
> there they ask for last 3 US Tax Returns for my wife.
> Well my wife has never worked in US as left there when 15 years old.
> Have phoned IRS in USA twice over last few months and explained the
> situation and what we are doing. She spoke to two different people and
> they said she is exempt from FILING US Tax Returns because she left the
> US as a child and has never earnt a penny in the US (we understand the
> situation that it is worldwide income that counts and she explained this
> to them and said she has earnt money in UK, etc etc.).
> We have a recent letter from the IRS showing that my wife had no income
> recorded with them and has not filed tax returns for last 3 years (which
> was a request by us to provide proof that she did not have to file but
> did not say categorically that she was exempt from filing). However,
> when we phoned the 2nd time recently and asked again to make sure she
> did not have to file, they again said no, she did not have to file. So
> we asked for a letter from them clearly stating she was exempt and the
> reasons for this.
> Of course, good old government department, "we can not issue such a
> letter the one you have is fine."
> Anywho, we then spoke to the London Embassy help line at £1.30 per min
> and they had never heard of this situation before.
> If any one has had this experience and was in a similar situation to
> the one we are in, we would appreciate very much if they could tell us
> how they did it and whether there were any issues at the Visa
> interview, etc.
> We have no issue with filing as I doubt she would have to pay any US
> tax. However, to start this process and file 20 years????? or 3
> years???? tax returns and find all UK income info etc etc for 20
> years??? or even 3 years and get help to fill them in, could take some
> time and if we do not need to, then that would be more efficient.
> Thanks in advance and sorry for the long post.
> Foo fighter
> --
> Posted via http://britishexpats.com
where your income was. Fortunately I believe that US and UK signed tax
treaty a number of years ago, your wife only has to pay her income tax in UK
but must file with IRS nevertheless.
So, for the long term, I would suggest to contact IRS and explained your
wife situation (ie: to file for the past 'x' years as worldwide income) and
get clearance from them. In the mean time the letter from IRS is good enough
for immigration purpose.
Good luck.
"foo fighter" <member17635@british_expats.com> wrote in message
news:[email protected] m...
> Hi Everyone,
> To start with, a short background; I am a UKC and my wife of 12 years is
> a USC and we live in England. We are immigrating to USA on I130-DCF
> London process.
> Part of the process is to complete an affidivat of support form and on
> there they ask for last 3 US Tax Returns for my wife.
> Well my wife has never worked in US as left there when 15 years old.
> Have phoned IRS in USA twice over last few months and explained the
> situation and what we are doing. She spoke to two different people and
> they said she is exempt from FILING US Tax Returns because she left the
> US as a child and has never earnt a penny in the US (we understand the
> situation that it is worldwide income that counts and she explained this
> to them and said she has earnt money in UK, etc etc.).
> We have a recent letter from the IRS showing that my wife had no income
> recorded with them and has not filed tax returns for last 3 years (which
> was a request by us to provide proof that she did not have to file but
> did not say categorically that she was exempt from filing). However,
> when we phoned the 2nd time recently and asked again to make sure she
> did not have to file, they again said no, she did not have to file. So
> we asked for a letter from them clearly stating she was exempt and the
> reasons for this.
> Of course, good old government department, "we can not issue such a
> letter the one you have is fine."
> Anywho, we then spoke to the London Embassy help line at £1.30 per min
> and they had never heard of this situation before.
> If any one has had this experience and was in a similar situation to
> the one we are in, we would appreciate very much if they could tell us
> how they did it and whether there were any issues at the Visa
> interview, etc.
> We have no issue with filing as I doubt she would have to pay any US
> tax. However, to start this process and file 20 years????? or 3
> years???? tax returns and find all UK income info etc etc for 20
> years??? or even 3 years and get help to fill them in, could take some
> time and if we do not need to, then that would be more efficient.
> Thanks in advance and sorry for the long post.
> Foo fighter
> --
> Posted via http://britishexpats.com
Aug 17th 2004, 1:07 pm
#3
US resident at last :)
Joined: Jul 2003
Location: Tucson, AZ
Posts: 187
Re: Exemption Form IRS Tax Return Submission
Originally Posted by foo fighter
Hi Everyone,
To start with, a short background; I am a UKC and my wife of 12 years is a USC and we live in England. We are immigrating to USA on I130-DCF London process.
Part of the process is to complete an affidivat of support form and on there they ask for last 3 US Tax Returns for my wife.
Well my wife has never worked in US as left there when 15 years old. Have phoned IRS in USA twice over last few months and explained the situation and what we are doing. She spoke to two different people and they said she is exempt from FILING US Tax Returns because she left the US as a child and has never earnt a penny in the US (we understand the situation that it is worldwide income that counts and she explained this to them and said she has earnt money in UK, etc etc.).
We have a recent letter from the IRS showing that my wife had no income recorded with them and has not filed tax returns for last 3 years (which was a request by us to provide proof that she did not have to file but did not say categorically that she was exempt from filing). However, when we phoned the 2nd time recently and asked again to make sure she did not have to file, they again said no, she did not have to file. So we asked for a letter from them clearly stating she was exempt and the reasons for this.
Of course, good old government department, "we can not issue such a letter the one you have is fine."
Anywho, we then spoke to the London Embassy help line at £1.30 per min and they had never heard of this situation before.
If any one has had this experience and was in a similar situation to the one we are in, we would appreciate very much if they could tell us how they did it and whether there were any issues at the Visa interview, etc.
We have no issue with filing as I doubt she would have to pay any US tax. However, to start this process and file 20 years????? or 3 years???? tax returns and find all UK income info etc etc for 20 years??? or even 3 years and get help to fill them in, could take some time and if we do not need to, then that would be more efficient.
Thanks in advance and sorry for the long post.
Foo fighter
To start with, a short background; I am a UKC and my wife of 12 years is a USC and we live in England. We are immigrating to USA on I130-DCF London process.
Part of the process is to complete an affidivat of support form and on there they ask for last 3 US Tax Returns for my wife.
Well my wife has never worked in US as left there when 15 years old. Have phoned IRS in USA twice over last few months and explained the situation and what we are doing. She spoke to two different people and they said she is exempt from FILING US Tax Returns because she left the US as a child and has never earnt a penny in the US (we understand the situation that it is worldwide income that counts and she explained this to them and said she has earnt money in UK, etc etc.).
We have a recent letter from the IRS showing that my wife had no income recorded with them and has not filed tax returns for last 3 years (which was a request by us to provide proof that she did not have to file but did not say categorically that she was exempt from filing). However, when we phoned the 2nd time recently and asked again to make sure she did not have to file, they again said no, she did not have to file. So we asked for a letter from them clearly stating she was exempt and the reasons for this.
Of course, good old government department, "we can not issue such a letter the one you have is fine."
Anywho, we then spoke to the London Embassy help line at £1.30 per min and they had never heard of this situation before.
If any one has had this experience and was in a similar situation to the one we are in, we would appreciate very much if they could tell us how they did it and whether there were any issues at the Visa interview, etc.
We have no issue with filing as I doubt she would have to pay any US tax. However, to start this process and file 20 years????? or 3 years???? tax returns and find all UK income info etc etc for 20 years??? or even 3 years and get help to fill them in, could take some time and if we do not need to, then that would be more efficient.
Thanks in advance and sorry for the long post.
Foo fighter
She had been living with me in the UK for about 6 years when we started the process and I found out we'd have to submit her last 3 years returns. There was no hope of her doing them so I looked in to having a professional do them for us, but once I'd been quoted £400 for each year, I decided that I'd do them myself. :scared:
I started to look through the paperwork. It's a lot easier than it first seems. I would say that your best bet would probably be to do the same as long as she hasn't earned more than $80,000 PA. If she has then it will be a little more complex to end up with a nice round zero at the bottom of the return but you shouldn't have too much trouble.
Mark
Aug 17th 2004, 2:57 pm
#4
USCIS Victim
Joined: Feb 2004
Posts: 135
Re: Exemption Form IRS Tax Return Submission
Foo:
I've never been in your situation before, but, your wife can file back taxes for the last 3 years. The good news is that she won't owe any US taxes. She'll need to file an IRS form 2555-EZ with her taxes so that she'll be exempt from any US income tax.
I've never been in your situation before, but, your wife can file back taxes for the last 3 years. The good news is that she won't owe any US taxes. She'll need to file an IRS form 2555-EZ with her taxes so that she'll be exempt from any US income tax.
Aug 17th 2004, 5:22 pm
#5
US resident at last :)
Joined: Jul 2003
Location: Tucson, AZ
Posts: 187
Re: Exemption Form IRS Tax Return Submission
Originally Posted by YtsejaM
Foo:
I've never been in your situation before, but, your wife can file back taxes for the last 3 years. The good news is that she won't owe any US taxes. She'll need to file an IRS form 2555-EZ with her taxes so that she'll be exempt from any US income tax.
I've never been in your situation before, but, your wife can file back taxes for the last 3 years. The good news is that she won't owe any US taxes. She'll need to file an IRS form 2555-EZ with her taxes so that she'll be exempt from any US income tax.
Internal Revenue Service
Frequently Asked Questions
Which tax form should I use — Form 1040 or 1040NR?
Resident aliens and U.S. citizens must use Form 1040. Nonresident aliens must use Form 1040NR or 1040NR-EZ. The determining factor is whether your tax status is resident or nonresident alien. There are a number of issues related to making this determination...
Frequently Asked Questions
Which tax form should I use — Form 1040 or 1040NR?
Resident aliens and U.S. citizens must use Form 1040. Nonresident aliens must use Form 1040NR or 1040NR-EZ. The determining factor is whether your tax status is resident or nonresident alien. There are a number of issues related to making this determination...
Mark
Aug 17th 2004, 5:48 pm
#6
USCIS Victim
Joined: Feb 2004
Posts: 135
Re: Exemption Form IRS Tax Return Submission
Originally Posted by mstracy
I think you'll find that she has to file IRS form 1040 not 1040EZ as she is a citizen earning abroad. From the IRS website :- I think she will also need the IRS form 2555 for the Foreign Earned Income Exclusion.
Mark
Mark
Aug 17th 2004, 8:48 pm
#7
Lost in BE Cyberspace
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Re: Exemption Form IRS Tax Return Submission
Originally Posted by YtsejaM
Foo:
I've never been in your situation before, but, your wife can file back taxes for the last 3 years. The good news is that she won't owe any US taxes. She'll need to file an IRS form 2555-EZ with her taxes so that she'll be exempt from any US income tax.
I've never been in your situation before, but, your wife can file back taxes for the last 3 years. The good news is that she won't owe any US taxes. She'll need to file an IRS form 2555-EZ with her taxes so that she'll be exempt from any US income tax.
Also, does she have a Social Security Number or Tax Id Number? If she left at the age of 15, and that was over 20 years ago, she may not have one and she would need to get one before she could file the back taxes.
As for finding out whether she doesn't have to file taxes with the IRS, I suppose it could be true, but I would try to do an internet search for IRS tax laws/codes (probably on their website) and print that out as proof that she did not have to file for the past 20 odd years. I would try to get my hands on the actual law/code that specifically applies to this situation.
Good luck!
Jamie
Aug 18th 2004, 5:00 am
#8
Just Joined
Joined: Jul 2004
Posts: 26
Re: Exemption Form IRS Tax Return Submission
You may also want to start looking into the whole "domicile" issue too. If your wife really left the U.S. at 15 and did not maintain ties to the U.S. it could potentially be a problem...Only a person "domiciled" in the US can be a sponsor.
Aug 18th 2004, 5:54 am
#9
US resident at last :)
Joined: Jul 2003
Location: Tucson, AZ
Posts: 187
Re: Exemption Form IRS Tax Return Submission
Originally Posted by Nidwaldner
You may also want to start looking into the whole "domicile" issue too. If your wife really left the U.S. at 15 and did not maintain ties to the U.S. it could potentially be a problem...Only a person "domiciled" in the US can be a sponsor.
Mark
Aug 19th 2004, 5:03 am
#10
Guest
Posts: n/a
Re: Exemption Form IRS Tax Return Submission
mstracy <member13497@british_expats.com> wrote in message news:<[email protected] om>...
> > You may also want to start looking into the whole "domicile" issue
> > too. If your wife really left the U.S. at 15 and did not maintain
> > ties to the U.S. it could potentially be a problem...Only a person
> > "domiciled" in the US can be a sponsor.
>
> .. or for the USC spouse, shows that reasonable steps have been taken
> to re-establish domicile (from what I remember).
>
> Mark
How come multi-national corporations can relocate their corporate
headquarters to Bermuda to aviod U.S. taxes but they expect this lady
who has lived in the U.K. since she was 15 to file a tax return?
Scotty
> > You may also want to start looking into the whole "domicile" issue
> > too. If your wife really left the U.S. at 15 and did not maintain
> > ties to the U.S. it could potentially be a problem...Only a person
> > "domiciled" in the US can be a sponsor.
>
> .. or for the USC spouse, shows that reasonable steps have been taken
> to re-establish domicile (from what I remember).
>
> Mark
How come multi-national corporations can relocate their corporate
headquarters to Bermuda to aviod U.S. taxes but they expect this lady
who has lived in the U.K. since she was 15 to file a tax return?
Scotty
Aug 19th 2004, 5:03 am
#11
Guest
Posts: n/a
Re: Exemption Form IRS Tax Return Submission
mstracy <member13497@british_expats.com> wrote in message news:<[email protected] om>...
> > You may also want to start looking into the whole "domicile" issue
> > too. If your wife really left the U.S. at 15 and did not maintain
> > ties to the U.S. it could potentially be a problem...Only a person
> > "domiciled" in the US can be a sponsor.
>
> .. or for the USC spouse, shows that reasonable steps have been taken
> to re-establish domicile (from what I remember).
>
> Mark
How come multi-national corporations can relocate their corporate
headquarters to Bermuda to aviod U.S. taxes but they expect this lady
who has lived in the U.K. since she was 15 to file a tax return?
Scotty
> > You may also want to start looking into the whole "domicile" issue
> > too. If your wife really left the U.S. at 15 and did not maintain
> > ties to the U.S. it could potentially be a problem...Only a person
> > "domiciled" in the US can be a sponsor.
>
> .. or for the USC spouse, shows that reasonable steps have been taken
> to re-establish domicile (from what I remember).
>
> Mark
How come multi-national corporations can relocate their corporate
headquarters to Bermuda to aviod U.S. taxes but they expect this lady
who has lived in the U.K. since she was 15 to file a tax return?
Scotty
Aug 19th 2004, 7:57 pm
#12
Guest
Posts: n/a
Re: Exemption Form IRS Tax Return Submission
ScottyCat wrote:
> mstracy <member13497@british_expats.com> wrote in message news:<[email protected] om>...
>
>>>You may also want to start looking into the whole "domicile" issue
>>>too. If your wife really left the U.S. at 15 and did not maintain
>>>ties to the U.S. it could potentially be a problem...Only a person
>>>"domiciled" in the US can be a sponsor.
>>.. or for the USC spouse, shows that reasonable steps have been taken
>>to re-establish domicile (from what I remember).
>>Mark
>
>
> How come multi-national corporations can relocate their corporate
> headquarters to Bermuda to aviod U.S. taxes but they expect this lady
> who has lived in the U.K. since she was 15 to file a tax return?
>
> Scotty
Because companies can afford to pay an army of advisors for the sole
purpose of determining how to avoid tax
> mstracy <member13497@british_expats.com> wrote in message news:<[email protected] om>...
>
>>>You may also want to start looking into the whole "domicile" issue
>>>too. If your wife really left the U.S. at 15 and did not maintain
>>>ties to the U.S. it could potentially be a problem...Only a person
>>>"domiciled" in the US can be a sponsor.
>>.. or for the USC spouse, shows that reasonable steps have been taken
>>to re-establish domicile (from what I remember).
>>Mark
>
>
> How come multi-national corporations can relocate their corporate
> headquarters to Bermuda to aviod U.S. taxes but they expect this lady
> who has lived in the U.K. since she was 15 to file a tax return?
>
> Scotty
Because companies can afford to pay an army of advisors for the sole
purpose of determining how to avoid tax
Aug 24th 2004, 10:03 am
#13
Dorset Nearly Texas
Thread Starter
Joined: Nov 2003
Location: Dorset
Posts: 24
Re: Exemption Form IRS Tax Return Submission
Thanks for the reply everyone. My wife is going to file tax returns now. For I864 purposes in respect of my visa application, are photocopies of the forms sufficient or do we need a receipt/confirmation of filing from the IRS as this will take about 6 weeks.
Regards
Mark
Regards
Mark
Aug 24th 2004, 12:14 pm
#14
US resident at last :)
Joined: Jul 2003
Location: Tucson, AZ
Posts: 187
Re: Exemption Form IRS Tax Return Submission
Originally Posted by foo fighter
Thanks for the reply everyone. My wife is going to file tax returns now. For I864 purposes in respect of my visa application, are photocopies of the forms sufficient or do we need a receipt/confirmation of filing from the IRS as this will take about 6 weeks.
Regards
Mark
Regards
Mark
Mark
Aug 24th 2004, 2:36 pm
#15
Forum Regular
Joined: Mar 2004
Posts: 127
Re: Exemption Form IRS Tax Return Submission
Originally Posted by mstracy
If she were to submit the returns in person at the embassy, she could take photocopies of the tax returns and they will stamp those, marking them as true copies so you would have them instantly. That is what we did for our I-864. I'm not sure of the situation submitting them by post.
Mark
Mark
I have gone through this before, there are no issues, my wife being a citizen, did not stay in US, she left when she was 5.
You can file your case with a joint sponsor and she has to fill out the 864 and say that she had no income. The only thing, I am not clear is that if she is a citizen and was working in UK, she still has to file taxes, though, i read someone mentioned about the tax treaty between UK and US.
DOMICILE is not an issue for sure as I just got approved recently, though, my wife came here and started working. But, as long as your wife has kept her citizenship, US cannot deny this right to you, even though, she has not resided here. Why don't you file the easy way with a co-sponsor.
