Help re filing married on tax return
Feb 18th 2016, 1:08 pm
#1
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Help re filing married on tax return
Hi, Im in the UK, my US citizen husband in the States. Visa is in the process. My husband filed his taxes last night and despite me telling him he needed to do it married/separately he's done it jointly and put NRA where the tax no should be. Can anyone tell me what this means, what will happen? Is it easy to just change it to separate as this seemed the best option all round. If not have I now got to get an ITIN number? Also am I meant to declare my money in the UK? How on earth do I do that? I obviously don't want the Visa to be delayed because of problems we have trying to sort all this out. Sorry just so stressed. 
Feb 18th 2016, 1:23 pm
#2
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Re: Help re filing married on tax return
NRA: Non-Resident Alien. As far as immigration is concerned, it won't matter at all. He filed as married... and that's really all that matters.
It doesn't need to be changed. If he's getting any money back, he'll likely get more having filed jointly than separately.
No. You're not eligible for an ITIN number because you'll be eligible for a Social Security number.
No. You currently have no status in the US, so there's no obligation for you to declare any income.
It'll make no difference whatsoever. What's important, is that he filed as married. Any problems he may encounter as a result of this will be with the IRS, not US immigration. This won't affect your visa at all.
Ian
Is it easy to just change it to separate as this seemed the best option all round.
If not have I now got to get an ITIN number?
Also am I meant to declare my money in the UK?
I obviously don't want the Visa to be delayed because of problems we have trying to sort all this out.
Ian
Feb 18th 2016, 1:23 pm
#3
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,439
Re: Help re filing married on tax return
Refile, correctly.
If you file jointly you UK income will get sucked into the joint return. If your husband has not included your income then the return is fundamentally flawed anyway.
If you file jointly you UK income will get sucked into the joint return. If your husband has not included your income then the return is fundamentally flawed anyway.
Feb 18th 2016, 1:54 pm
#4
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Joined: Jan 2014
Location: Anchorage, AK, USA
Posts: 1,347
Re: Help re filing married on tax return
NRA: Non-Resident Alien. As far as immigration is concerned, it won't matter at all. He filed as married... and that's really all that matters.
It doesn't need to be changed. If he's getting any money back, he'll likely get more having filed jointly than separately.
No. You're not eligible for an ITIN number because you'll be eligible for a Social Security number.
No. You currently have no status in the US, so there's no obligation for you to declare any income.
It'll make no difference whatsoever. What's important, is that he filed as married. Any problems he may encounter as a result of this will be with the IRS, not US immigration. This won't affect your visa at all.
Ian
It doesn't need to be changed. If he's getting any money back, he'll likely get more having filed jointly than separately.
No. You're not eligible for an ITIN number because you'll be eligible for a Social Security number.
No. You currently have no status in the US, so there's no obligation for you to declare any income.
It'll make no difference whatsoever. What's important, is that he filed as married. Any problems he may encounter as a result of this will be with the IRS, not US immigration. This won't affect your visa at all.
Ian
So, instead, here are some useful links:
Turbotax page for non-US citizen spouses https://turbotax.intuit.com/tax-tool.../INF27549.html
It saysmany things, including this:
If your spouse is a nonresident alien, you have two options:
• Treat your spouse as a resident alien for tax purposes. If you choose this option, you can file a joint tax return with your spouse. You will get the exemption for your spouse, but all your spouse's worldwide income will be taxed by the United States.
• Treat your spouse as a nonresident alien for tax purposes. If you choose this option, you cannot file a joint tax return. You must file with a status of "married filing separately." You may still be able to claim an exemption for your spouse, but only if that spouse has no income from U.S. sources and cannot be claimed as a dependent on anyone else's tax return.
• Treat your spouse as a resident alien for tax purposes. If you choose this option, you can file a joint tax return with your spouse. You will get the exemption for your spouse, but all your spouse's worldwide income will be taxed by the United States.
• Treat your spouse as a nonresident alien for tax purposes. If you choose this option, you cannot file a joint tax return. You must file with a status of "married filing separately." You may still be able to claim an exemption for your spouse, but only if that spouse has no income from U.S. sources and cannot be claimed as a dependent on anyone else's tax return.
To summarise, he either files as married filing separate, or he files as married filing jointly and counts you as a US tax resident. The first leaves you out of the calculation, but reduces the level of his tax deductions compared to the second. The second requires him to include all of your (worldwide) income. If you choose the second option, I don't know if he has to include an application for an ITIN with the return, or if he can just write "NRA" on there. Hopefully others here will know.
Either way, Pulaski is right, he will need to refile.
Feb 18th 2016, 3:23 pm
#5
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Help re filing married on tax return
I'll go back next door, then!
Feb 18th 2016, 3:36 pm
#6
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Re: Help re filing married on tax return
Don't go away ian, your input on this may prove valuable.
Most Americans (and US Persons) don't realise they actually have two, well defined US citizenships. One is for immigration, for right of abode purposes, etc., but there is a second. The IRS has very defined 'citizenship' definitions (due to CBT) as part of the tax code, and it may differ slightly from the immigration definition.
Most Americans (and US Persons) don't realise they actually have two, well defined US citizenships. One is for immigration, for right of abode purposes, etc., but there is a second. The IRS has very defined 'citizenship' definitions (due to CBT) as part of the tax code, and it may differ slightly from the immigration definition.
Feb 18th 2016, 3:40 pm
#7
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,439
Re: Help re filing married on tax return
Don't go away ian, your input on this may prove valuable.
Most Americans (and US Persons) don't realise they actually have two, well defined US citizenships. One is for immigration, for right of abode purposes, etc., but there is a second. The IRS has very defined 'citizenship' definitions (due to CBT) as part of the tax code, and it may differ slightly from the immigration definition.
Most Americans (and US Persons) don't realise they actually have two, well defined US citizenships. One is for immigration, for right of abode purposes, etc., but there is a second. The IRS has very defined 'citizenship' definitions (due to CBT) as part of the tax code, and it may differ slightly from the immigration definition.
In fact you have multiple residencies - not only per immigration and IRS/tax, but also for drivers license, student tuition, voting, mortgages, and likely many other matters that depend on your residential status.
Feb 18th 2016, 4:04 pm
#8
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Posts: 1,117
Re: Help re filing married on tax return
No, but granted, it's not quite 'citizenship', but it's not residence either. For the IRS, it relates more to the expanded definitions of 'US Persons', either in the US or throughout the rest of the world, and how and when they want to enforce the definitions.
Isn't power a grand thing?
Isn't power a grand thing?
Feb 18th 2016, 4:41 pm
#9
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Location: Anchorage, AK, USA
Posts: 1,347
Re: Help re filing married on tax return
No, but granted, it's not quite 'citizenship', but it's not residence either. For the IRS, it relates more to the expanded definitions of 'US Persons', either in the US or throughout the rest of the world, and how and when they want to enforce the definitions.
Isn't power a grand thing?
Isn't power a grand thing?
Feb 18th 2016, 5:12 pm
#10
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Posts: 5,154
Re: Help re filing married on tax return
Isn't the IRS going away when President Cruz comes to power?
Feb 19th 2016, 12:38 am
#12
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Re: Help re filing married on tax return
Hi, Im in the UK, my US citizen husband in the States. Visa is in the process. My husband filed his taxes last night and despite me telling him he needed to do it married/separately he's done it jointly and put NRA where the tax no should be. Can anyone tell me what this means, what will happen? Is it easy to just change it to separate as this seemed the best option all round. If not have I now got to get an ITIN number? Also am I meant to declare my money in the UK? How on earth do I do that? I obviously don't want the Visa to be delayed because of problems we have trying to sort all this out. Sorry just so stressed.
1) To file married jointly the NRA must choose to be treated as a US resident. This requires you to sign a declaration.
2) He cannot file "married jointly" and enter NRA for SSN/TIN....see 1). He must file "married separately" and if he is claiming the extra tax benefits of "married jointly" I expect the IRS to ask questions.
3) To file jointly both spouses must sign the 1040 either electronically or with a pen. If you did not sign the tax return it should also be returned with questions.
I suggest you get your husband to correct these errors asap.
