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Death and Taxes...

Death and Taxes...

Old Jan 20th 2004, 5:09 pm
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Joined: Jan 2003
Location: Spokane Washington
Posts: 36
ladybentley is an unknown quantity at this point
Default Death and Taxes...

well it looks like death might be the easier option...

My Husband came to the US in late July, we married in August. Thanks to the speedy INS getting him an EAD he didnt have any income here in the states during 2003. We have filed for AOS but have not had an interview. It is my understanding that he does not have any resident status yet...

My husband had income in the UK prior to July and paid UK tax on it.

we are very confused, the IRS seems to say that he can file as a non residen alien and because he has had no income it is no big deal....

but the INS paperwork says that he must file as a resident - and I think that means he needs to claim all the income he had in the UK for 2003 as well!

can someone point us to the right forms? surely others have had this problem...
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Old Jan 20th 2004, 5:48 pm
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marlborobell is an unknown quantity at this point

From what I remember from my first year in the US, the procedure is that he makes a special election to count as a US resident for the entire year. He then must declare all his foreign income for the early part of the year. HOWEVER, he can offset all the tax he paid in the UK, which usually means there won't be an additional tax liability.

It's a complicated matter and I strongly recommend you get a tax preparer who knows the ins and outs of foreign income, but as a start you could read IRS publication 519 "US Tax Guide for Aliens", at http://www.irs.gov/pub/irs-pdf/p519.pdf

One key point is that he MUST elect to be a full-year resident in order to file a joint return with you; if he doesn't, you'll have to file as 'Married Filing Separately' and that can be a real pain.
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