Originally Posted by nun

While you remain resident in the UK your wife should file "married separately". It will avoid lots of complications. Don't open yourself up to the IRS and US until you have to. Once you are in the US you and your wife will need to decide whether to file jointly of separately.

Before you join your wife in the US make sure you fully understand the US tax implications of your UK business and any UK investments you hold as when you become US resident the IRS will tax you on your worldwide income. In many cases it's a good idea to sell your investments and move them to the US as there are complex and potentially expensive rules about holding foreign investments and accounts. If you decide to keep them make sure you understand FBAR, FATCA and PFIC rules......any UK pensions, stocks and shares ISAs or unit trusts will be particularly troublesome. You business will also be a complication.

Originally Posted by robUK81

Thank you for your reply.
I am a partner of the UK business and a director but I shall be resigning as both before joining my wife so hopefully that won't cause any issues?

I do have an ISA but I can close it before also.

Rob

Originally Posted by nun

If you maintain any stock options or shares in the company you'll have to file both US and UK taxes. Do you know how you'll invest your money once in the US? Do you have any UK pensions? Will you be working in the US and are you going to pay voluntary Class 2 NI contributions? What are you going to do for health insurance once in the USA? Just some of the questions you should research.

Originally Posted by civilservant

No. Your taxed under a personal allowance if you are emplyed, your marital status is not relevent.

Originally Posted by robUK81

My wife is just filing her return as Married-Individual but she can't post it electronically with out a tax ID number for me. I'm a non alien resident waiting for her I-130 petition to be processed and am currently residing in the UK.

Originally Posted by ian-mstm

I've really no idea about this, but she can print it off and simply mail in the tax return. There's no obligation to file electronically.

Ian

Originally Posted by robUK81

It appears to be a limitation within 'TurboTax' and indeed I think she needs to print off and write No SSN/TIN.

Originally Posted by ian-mstm

I guess the alternative is to enter 000-00-0000 and then file electronically... but I've no idea if that's kosher.

Ian

Originally Posted by robUK81

Hi guys
My wife is just filing her return as Married-Individual but she can't post it electronically with out a tax ID number for me. I'm a non alien resident waiting for her I-130 petition to be processed and am currently residing in the UK. Please can someone tell me if this is right or not?

Originally Posted by Michael

Do you mean that she is filing "Married Filing Separately"? If that is the case, then your name and social security number is not required. She can't file "Married Filing Jointly" to get the tax benefits unless you opt to be classified as a "resident alien" for tax purposes and then you will need either a social security number or an Individual Taxpayer Identification Number (ITIN) which can be requested when the tax return is filed but the return must be filed via snail mail.

If an ITIN is requested, then your worldwide income has to be included on her return and taxes owed to the IRS may be able to be offset by foreign taxes paid.