JeremyK

Hi all,

So I am looking at how my wife (and possibly myself (UKC)) need to file 2014 tax returns. This will be the first tax return filed after we got married in 2013.

We both live in the UK at the moment, and will be sending in our I-130 in about a week or so to start our CR-1 visa process.

I seem to be going around in circles trying to work out if I do or do not need to apply for an ITIL number, as I am not yet eligible for a SSN.

From our research so far my wife will file 'married, separate'. It's just whether I need this ITIL number or not. I have done searches through this site and others including irs.gov and can't really seem to get to a point where there is a clear statement on our situation.

Any help or thoughts appreciated.

Thanks,

Jeremy

civilservant

You are not liable for US tax, she should file 'married - filing separately' and not mention your income at all, as far as I am aware. For that reason, you don't need an ITIN.

ian-mstm

You are a non-USC, non-US resident... you have no obligation to file a US tax return. Your wife can file as married, separate and not include you at all if she wishes - in which case, you don't need a number.

At any rate, this isn't actually an immigration issue - so perhaps a moderator can move this to the general USA section, where you're likely to get a lot more responses vis-à-vis taxes.

Ian

nun

I agree with the previous posts. Your wife should file "married-separately" and spare you from the rigors of US taxation until you become a US resident. Just enter "NRA" (Non-Resident Alien) instead of a SSN or ITIN for the NRA spouse.

Speedwell

Just wanted to chime in to say that the wife can amend her tax return within three years to a married-joint filing if it gets them money back. It depends very much on the total amount of non-US income whether this is a desirable thing to do.

JeremyK

Hi all,

Thanks for the info. Our concern is if my wife files 'married, separately' now, and I do not file anything, later on when we file 'married, jointly' will we run into issues? Just wondering on other experiences of this scenario.

Thank you,

Jeremy.

civilservant

No. It's incumbent upon her to file her tax return - what you then do is your concern.

Speedwell

No, she can file married separately this year, and married jointly next year, for example, without repercussions. She can go back and file an amended return for the married-separately year if she wants to convert it to a joint return, but then you will need to add your information.

anuny

There is nothing that prevents a married couple to file joint, even when living together in the US.

Speedwell

My husband and I filed joint last year because we were married as of December 31st of 2012, and we gained significant benefits from doing so. We did this even though he was a non-resident alien for the entire tax year and was in the US less than 60 days during 2012. It is an option you can take if it helps you.

A married person must always file married if they were married as of December 31 of the tax year. The exception is if the resident spouse has dependents in the US that they claim on the tax form, and the nonresident spouse does not reside/make income in the US during the tax year. The resident spouse may file as Head of Household (but must say they are married and give their NRA spouse's information). Specific instructions for qualifying to do this are on the IRS website.

RICH

I guess it was advantageous with you (US) earning in US. (double allowance)

OP and spouse are in UK, so perhaps have no liability at all? USC just needs to file, regardless

Speedwell

Yes, it was, for me. However I don't really know whether the OP and/or spouse have zero tax liability in the US. The rules surrounding that are "outwith the scope of this document" as my boss says.

anuny

Immigration issues aside, there are many who file separate while being married. It has to do with assets and nature of one's income source.

nun

You can do your taxes both ways (married-separately and married-jointly) and see which works out the best, but in your current circumstances the NRA spouse has no requirement to file.

S Folinsky

Hi:

I find your question to be confusing. The 2014 tax return is not due until April 15, 2015 at the earliest.

However, we are not in the period in which 2013 returns can be filed. That would appear to be the first tax return due after the date of your marriage.