anujjainid

can I file tax as "Married filing jointly" even if my wife enters US after dec 31st, although we are married before 31st dec but she was out of US that year(year for which filing the tax).

Shelley

If you are married, I believe you need to file your taxes as a married person. You
can file jointly or separately. If you file jointly, you will need to include your
wife's income, even if she already paid taxes on it somewhere else.

My husband and I found it best to use an accountant to be sure that first tax return
was correct and we didn't over or under pay taxes.

You can also read these publications from the IRS. Publication 519.....US Tax Guide
for Aliens Publication 514.....Foreign Tax Credit for Individuals Publication
501.....Exemptions, Standard Deduction, and Filing Information Publication
54.......Tax Guide for US Citizens and Resident Aliens Abroad

Take Care. Shelley

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anujjainid

thanks Shelley! but my doubt is still not clear, lets say I'm married in 2001, and my wife enters US in 2002, can I still claim her as dependent when filing my tax for year 2001, assuming she dosn't have any income? and will I get the tax relief, claiming her as depenent?

Rete

A spouse is not a dependent and cannot be claimed as such.
If you file joint you have two deductions, one for her and one for you. If you file married, separately, you have one deduction ... for yourself.

Yes you can file as married, jointly or separately, as Shelley advised you for the year 2001 even if your wife is not in the country until 2002 ... which is also what Shelley said ;-) However, your wife will need either a social security number or a taxpayer identification number which she can obtain from the IRS.

Rita

anujjainid

thanks a lot Rete, I was confusing between claiming dependent and deductions. so its pretty clear to me now that I'll get 2 deductions even if my spouce is not in US, offcourse provided I get ITIN# for her...cool

Stephen C. Gallagher

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In the above scenario, if they file jointly, do they have to include any of the
wife's income from 2001 (even if earned before she came to the US?)

Shelley

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Yes. The US collects taxes on worldwide income, not just US income. However, there
are tax treaties in place with many countries, and the IRS has a form for foreign tax
credit so you are not double taxed. See the IRS website for tax publications for
immigrants (they are also listed at www.k1faq.com) Take Care. Shelley

Rete

Yes. If she is coming from a country with a tax treaty in place with the US, her income up to approx. $72,000 is placed on the tax return and then deducted as long as she has paid tax on the earnings in the country where the money was earned.

Rita