HELP!!! What am I to the IRS?
Feb 20th 2001, 12:45 am
#1
Guest
Posts: n/a
Hi folks,
Sorry for not being around much. Been job hunting and dealing with all the usual
things life deals us.
Now that time of year has come to file the 2000 Tax Returns and we have a major
headache. (If you tried reading al the IRS web site you'd have one too.)
I am still in limbo, awaiting my AOS Interview. I arrived here in July on my K-1
(having also been here between October '98 and April '99 for all but 12 days), we were
married in August and filed papers in October. Now we are doing our tax returns and
have to try and define my status.
As far as we can see if I file IRS 1078 I can claim the benefit of being a resident
during the course of the past full tax year. Is this correct (really need to be 100%
certain on this)?
We intend to list ourselves as "Married Filing Jointly" but the difference between me
being able to file as a resident and non-resident is a hefty $900, money we really
could use to move house.
Hope some kind soul who has been down this road (are you listening Alvena?) can help
us out as I am running out of hair to lose on this one.
Thanks in advance (and promising not to be a stranger for so long this time)
Colin (ex-UK) & Mandy (The Okie)
Sorry for not being around much. Been job hunting and dealing with all the usual
things life deals us.
Now that time of year has come to file the 2000 Tax Returns and we have a major
headache. (If you tried reading al the IRS web site you'd have one too.)
I am still in limbo, awaiting my AOS Interview. I arrived here in July on my K-1
(having also been here between October '98 and April '99 for all but 12 days), we were
married in August and filed papers in October. Now we are doing our tax returns and
have to try and define my status.
As far as we can see if I file IRS 1078 I can claim the benefit of being a resident
during the course of the past full tax year. Is this correct (really need to be 100%
certain on this)?
We intend to list ourselves as "Married Filing Jointly" but the difference between me
being able to file as a resident and non-resident is a hefty $900, money we really
could use to move house.
Hope some kind soul who has been down this road (are you listening Alvena?) can help
us out as I am running out of hair to lose on this one.
Thanks in advance (and promising not to be a stranger for so long this time)
Colin (ex-UK) & Mandy (The Okie)
Feb 20th 2001, 1:54 am
#2
Guest
Posts: n/a
Howdy, A couple of pages you might read are http://home.nc.rr.com/hopperger/taxinst.html
http://www.txdirect.net/users/mike38/irs2.htm Regards, MIke
>Hi folks,
>
> Sorry for not being around much. Been job hunting and dealing with all the usual
> things life deals us.
>
> Now that time of year has come to file the 2000 Tax Returns and we have a major
> headache. (If you tried reading al the IRS web site you'd have one too.)
>
> I am still in limbo, awaiting my AOS Interview. I arrived here in July on my K-1
> (having also been here between October '98 and April '99 for all but 12 days), we
> were married in August and filed papers in October. Now we are doing our tax returns
> and have to try and define my status.
>
> As far as we can see if I file IRS 1078 I can claim the benefit of being a resident
> during the course of the past full tax year. Is this correct (really need to be 100%
> certain on this)?
>
> We intend to list ourselves as "Married Filing Jointly" but the difference between me
> being able to file as a resident and non-resident is a hefty $900, money we really
> could use to move house.
>
> Hope some kind soul who has been down this road (are you listening Alvena?) can help
> us out as I am running out of hair to lose on this one.
>
> Thanks in advance (and promising not to be a stranger for so long this time)
>
>Colin (ex-UK) & Mandy (The Okie)
http://www.txdirect.net/users/mike38/irs2.htm Regards, MIke
>Hi folks,
>
> Sorry for not being around much. Been job hunting and dealing with all the usual
> things life deals us.
>
> Now that time of year has come to file the 2000 Tax Returns and we have a major
> headache. (If you tried reading al the IRS web site you'd have one too.)
>
> I am still in limbo, awaiting my AOS Interview. I arrived here in July on my K-1
> (having also been here between October '98 and April '99 for all but 12 days), we
> were married in August and filed papers in October. Now we are doing our tax returns
> and have to try and define my status.
>
> As far as we can see if I file IRS 1078 I can claim the benefit of being a resident
> during the course of the past full tax year. Is this correct (really need to be 100%
> certain on this)?
>
> We intend to list ourselves as "Married Filing Jointly" but the difference between me
> being able to file as a resident and non-resident is a hefty $900, money we really
> could use to move house.
>
> Hope some kind soul who has been down this road (are you listening Alvena?) can help
> us out as I am running out of hair to lose on this one.
>
> Thanks in advance (and promising not to be a stranger for so long this time)
>
>Colin (ex-UK) & Mandy (The Okie)
Feb 20th 2001, 3:29 am
#3
Guest
Posts: n/a
Hi Mike, Thanks for the quick reply. This does not address the query with regard to form
IRS 1078. What is this form in relation to our case? Do we need that?
I know how the tax man can be a scourge when the wrong information is submitted. Also,
to submit a incorrect tax return could surely play merry hell with the INS when we go
there, especially if it is submitted with an incorrect refund claim. Wouldn't look too
good, would it.
Some of the points on those links were informative, I just really want to be 100% in
my mind that what we are doing is correct. Some people here must have surely filed a
1999 return!! Come on guys, how did you deal with this issue?
Still biting my nails and pulling my hair Colin (ex-UK) and Mandy (The Okie)
>
> Howdy, A couple of pages you might read are http://home.nc.rr.com/hopperger/taxinst.html
> http://www.txdirect.net/users/mike38/irs2.htm Regards, MIke
IRS 1078. What is this form in relation to our case? Do we need that?
I know how the tax man can be a scourge when the wrong information is submitted. Also,
to submit a incorrect tax return could surely play merry hell with the INS when we go
there, especially if it is submitted with an incorrect refund claim. Wouldn't look too
good, would it.
Some of the points on those links were informative, I just really want to be 100% in
my mind that what we are doing is correct. Some people here must have surely filed a
1999 return!! Come on guys, how did you deal with this issue?
Still biting my nails and pulling my hair Colin (ex-UK) and Mandy (The Okie)
>
> Howdy, A couple of pages you might read are http://home.nc.rr.com/hopperger/taxinst.html
> http://www.txdirect.net/users/mike38/irs2.htm Regards, MIke
Feb 20th 2001, 11:44 am
#4
Guest
Posts: n/a
>Hi Mike, Thanks for the quick reply. This does not address the query with regard to form
>IRS 1078. What is this form in relation to our case? Do we need that?
No, you do not need that. You will both write a joint statement on a *clean* sheet of
paper and sign it. But only of you don't qualify to be considered a resident for tax
purposes any other way, like with the physical presence test. You need to either hire
someone to do your taxes, or start reading the publications to understand what you are
doing. Filing that first joint return is very easy, but you have to suspend a certain
amount of logic to believe it. Mike
>IRS 1078. What is this form in relation to our case? Do we need that?
No, you do not need that. You will both write a joint statement on a *clean* sheet of
paper and sign it. But only of you don't qualify to be considered a resident for tax
purposes any other way, like with the physical presence test. You need to either hire
someone to do your taxes, or start reading the publications to understand what you are
doing. Filing that first joint return is very easy, but you have to suspend a certain
amount of logic to believe it. Mike
Feb 20th 2001, 1:47 pm
#5
Guest
Posts: n/a
>Hi Mike, Thanks for the quick reply. This does not address the query with regard to form
>IRS 1078. What is this form in relation to our case? Do we need that?
If you are claiming residency for tax purposes, then yes, this form could be appropriate.
Some of this includes using common sense, but I have updated my website to reflect this
form: http://home.nc.rr.com/hopperger/taxinst.html#8
>IRS 1078. What is this form in relation to our case? Do we need that?
If you are claiming residency for tax purposes, then yes, this form could be appropriate.
Some of this includes using common sense, but I have updated my website to reflect this
form: http://home.nc.rr.com/hopperger/taxinst.html#8
Feb 20th 2001, 4:14 pm
#6
Guest
Posts: n/a
>>Hi Mike, Thanks for the quick reply. This does not address the query with regard to form
>>IRS 1078. What is this form in relation to our case? Do we need that?
>
>If you are claiming residency for tax purposes, then yes, this form could be appropriate.
>
>Some of this includes using common sense, but I have updated my website to reflect this
>form: http://home.nc.rr.com/hopperger/taxinst.html#8
>>IRS 1078. What is this form in relation to our case? Do we need that?
>
>If you are claiming residency for tax purposes, then yes, this form could be appropriate.
>
>Some of this includes using common sense, but I have updated my website to reflect this
>form: http://home.nc.rr.com/hopperger/taxinst.html#8
Feb 21st 2001, 2:08 am
#7
Guest
Posts: n/a
>>Hi Mike, Thanks for the quick reply. This does not address the query with regard to form
>>IRS 1078. What is this form in relation to our case? Do we need that?
>
>If you are claiming residency for tax purposes, then yes, this form could be appropriate.
>
>Some of this includes using common sense, but I have updated my website to reflect this
>form: http://home.nc.rr.com/hopperger/taxinst.html#8
>>IRS 1078. What is this form in relation to our case? Do we need that?
>
>If you are claiming residency for tax purposes, then yes, this form could be appropriate.
>
>Some of this includes using common sense, but I have updated my website to reflect this
>form: http://home.nc.rr.com/hopperger/taxinst.html#8
Feb 21st 2001, 12:26 pm
#8
Guest
Posts: n/a
We've decided we're calling the IRS to ask if we can write off the expense of getting the
EAD, and then re-doing with moving expenses.
Part of the moving expenses thing is having receipts - we're still looking.
>
>Oh, and not to completely beat the issue into the ground, you should have taken moving
>expenses. You met the distance test and the time test, and you seem to keep overlooking
>that your tax return has nothing to do with immigration status. I have moved around the
>midwestern part of the US just for the hell of it TWICE, and taken moving expenses both
>times, simply because I started working right away, and it was far enough away from my
>old home to qualify for the distance test. The moving expense is one of the IRS great
>giveaways, like charity deductions. Don't ever throw it away. Mike
>
>>
>>>Hi Mike, Thanks for the quick reply. This does not address the query with regard to
>>>form IRS 1078. What is this form in relation to our case? Do we need that?
>>
>>If you are claiming residency for tax purposes, then yes, this form could be
>>appropriate.
>>
>>Some of this includes using common sense, but I have updated my website to reflect this
>>form: http://home.nc.rr.com/hopperger/taxinst.html#8
>
EAD, and then re-doing with moving expenses.
Part of the moving expenses thing is having receipts - we're still looking.
>
>Oh, and not to completely beat the issue into the ground, you should have taken moving
>expenses. You met the distance test and the time test, and you seem to keep overlooking
>that your tax return has nothing to do with immigration status. I have moved around the
>midwestern part of the US just for the hell of it TWICE, and taken moving expenses both
>times, simply because I started working right away, and it was far enough away from my
>old home to qualify for the distance test. The moving expense is one of the IRS great
>giveaways, like charity deductions. Don't ever throw it away. Mike
>
>>
>>>Hi Mike, Thanks for the quick reply. This does not address the query with regard to
>>>form IRS 1078. What is this form in relation to our case? Do we need that?
>>
>>If you are claiming residency for tax purposes, then yes, this form could be
>>appropriate.
>>
>>Some of this includes using common sense, but I have updated my website to reflect this
>>form: http://home.nc.rr.com/hopperger/taxinst.html#8
>
Feb 21st 2001, 12:51 pm
#9
Guest
Posts: n/a
Hmm, the EAD? Deducting that as a business expense?
Andy.
--
I'm not really here - it's just your warped imagination.
>
> We've decided we're calling the IRS to ask if we can write off the expense of getting
> the EAD, and then re-doing with moving expenses.
>
> Part of the moving expenses thing is having receipts - we're still looking.
>
>
>
> >
> >Oh, and not to completely beat the issue into the ground, you should have taken moving
> >expenses. You met the distance test and the time test, and you seem to keep overlooking
> >that your tax return has nothing to do with immigration status. I have moved around the
> >midwestern part of the US just for the hell of it TWICE, and taken moving expenses both
> >times, simply because I started working right away, and it was far enough away from my
> >old home to qualify for the distance test. The moving expense is one of the IRS great
> >giveaways, like charity deductions. Don't ever throw it away. Mike
> >
> >>
> >>>Hi Mike, Thanks for the quick reply. This does not address the query with
regard
> >>>to form IRS 1078. What is this form in relation to our case? Do we need that?
> >>
> >>If you are claiming residency for tax purposes, then yes, this form could be
> >>appropriate.
> >>
> >>Some of this includes using common sense, but I have updated my website to reflect
> >>this form: http://home.nc.rr.com/hopperger/taxinst.html#8
> >>
>
Andy.
--
I'm not really here - it's just your warped imagination.
>
> We've decided we're calling the IRS to ask if we can write off the expense of getting
> the EAD, and then re-doing with moving expenses.
>
> Part of the moving expenses thing is having receipts - we're still looking.
>
>
>
> >
> >Oh, and not to completely beat the issue into the ground, you should have taken moving
> >expenses. You met the distance test and the time test, and you seem to keep overlooking
> >that your tax return has nothing to do with immigration status. I have moved around the
> >midwestern part of the US just for the hell of it TWICE, and taken moving expenses both
> >times, simply because I started working right away, and it was far enough away from my
> >old home to qualify for the distance test. The moving expense is one of the IRS great
> >giveaways, like charity deductions. Don't ever throw it away. Mike
> >
> >>
> >>>Hi Mike, Thanks for the quick reply. This does not address the query with
regard
> >>>to form IRS 1078. What is this form in relation to our case? Do we need that?
> >>
> >>If you are claiming residency for tax purposes, then yes, this form could be
> >>appropriate.
> >>
> >>Some of this includes using common sense, but I have updated my website to reflect
> >>this form: http://home.nc.rr.com/hopperger/taxinst.html#8
> >>
>
Feb 22nd 2001, 1:12 am
#10
Guest
Posts: n/a
>Hmm, the EAD? Deducting that as a business expense?
In order to work in the US he needs an EAD. He's self-employed, so it is an expense of
his having to run his business. I could see justifying it. I just wonder if the IRS
will agree.
If he had to pay for a business license to do business here it'd be deductable, right?
In order to work in the US he needs an EAD. He's self-employed, so it is an expense of
his having to run his business. I could see justifying it. I just wonder if the IRS
will agree.
If he had to pay for a business license to do business here it'd be deductable, right?
Feb 22nd 2001, 12:19 pm
#11
Guest
Posts: n/a
I would guess that an analogy would be if a company could deduct expenses occurred in
hiring a foreign employer - H1B fees, attorney fees and so on. I don't know whether they
can or not but it would seem to be a similar situation.
Andy.
--
I'm not really here - it's just your warped imagination.
> On Wed, 21 Feb 2001 08:51:22 -0500, "Andy Platt"
>
> >Hmm, the EAD? Deducting that as a business expense?
>
> In order to work in the US he needs an EAD. He's self-employed, so it is an expense of
> his having to run his business. I could see justifying it. I just wonder if the IRS
> will agree.
>
> If he had to pay for a business license to do business here it'd be deductable, right?
hiring a foreign employer - H1B fees, attorney fees and so on. I don't know whether they
can or not but it would seem to be a similar situation.
Andy.
--
I'm not really here - it's just your warped imagination.
> On Wed, 21 Feb 2001 08:51:22 -0500, "Andy Platt"
>
> >Hmm, the EAD? Deducting that as a business expense?
>
> In order to work in the US he needs an EAD. He's self-employed, so it is an expense of
> his having to run his business. I could see justifying it. I just wonder if the IRS
> will agree.
>
> If he had to pay for a business license to do business here it'd be deductable, right?
