A. Chakra

I know most of you reading this will say I am a big procrastinator,
but would appreciate it if you could help me out.

I got married in October 2002 in India. My wife came here in jan 2003.
Can I file a joint federal tax return for 2002 with my wife? What
other tax options do I have?

Thanks,

Chakra

Shaun Su

Chakra,

From the 2002 IRS Tax Guide, page 21:

You are considered married 'for the whole year' if on the last day of your
tax year you and your spouse meet any ONE of the following tests.

1) You are married and living together as husband and wife.
2) You are living together in a common law marriage that is recognized in
the state where you now live or in the state where the common law marriage
began.
3) You are married and living apart, but not legally separate under a decree
of divorce or separate maintenance.
4) You are separated under an interlocutory (not final) decree of divorce.
For purposes of filing a joint return, you are not considered divorced.

If you meet the test requirement and your wife has an SSN, you can do
"Married Filing Jointly". Good luck.

Look into the tax guide (IRS publication 17, catalog number 10311G for
specific instructions).

-shaun

"A. Chakra" wrote in message
news:[email protected]...
    > I know most of you reading this will say I am a big procrastinator,
    > but would appreciate it if you could help me out.
    > I got married in October 2002 in India. My wife came here in jan 2003.
    > Can I file a joint federal tax return for 2002 with my wife? What other
tax options do I have?
    > Thanks,
    > Chakra

SundarV

The way I read the tax treaty, you can file Married filing jointly. Please read publication 519 which gives better idea. For 2002, she can be treated as US resident. You and your wife need to write a letter asking them to treat your spouse as resident. The advantage of this method is for people whose spouse has not earned much in the foreign country. But if the spouse has earned money in India, it has to be reported in the US tax.

For you to file jointly, you need to have her SS number or ITIN number. Publication 519 gives a good explaination of how to treat nonresident alien for tax purposes.

This is just what I got out of ready stuff. I would still advise you to consult an accountant.

Sundar
P.S. standard disclaimer apply.

A. Chakra

Thanks guys for your replies.

Sundar, I looked at form 519. Your advice seems to be right on the mark .
Now instead of owing $$ to the IRS they owe me big!!

Thanks,

Chakra

SundarV wrote in message news:...
    > Originally posted by A. Chakra
    > > I know most of you reading this will say I am a big procrastinator,
    > > but would appreciate it if you could help me out.
    > >.

    > > I got married in October 2002 in India. My wife came here in jan 2003.
    > > Can I file a joint federal tax return for 2002 with my wife? What
    > > other tax options do I have?
    > >
    > > Thanks,
    > >
    > > Chakra
    >
    > The way I read the tax treaty, you can file Married filing jointly.
    > Please read publication 519 which gives better idea. For 2002, she can
    > be treated as US resident. You and your wife need to write a letter
    > asking them to treat your spouse as resident. The advantage of this
    > method is for people whose spouse has not earned much in the foreign
    > country. But if the spouse has earned money in India, it has to be
    > reported in the US tax.
    >
    > For you to file jointly, you need to have her SS number or ITIN number.
    > Publication 519 gives a good explaination of how to treat nonresident
    > alien for tax purposes.
    >
    > This is just what I got out of ready stuff. I would still advise you to
    > consult an accountant.
    >
    > Sundar
    > P.S. standard disclaimer apply.

Bruce

You didn't forget to add all her India income didyou?

"A. Chakra" wrote in message
news:[email protected]...
    > Thanks guys for your replies.
    > Sundar, I looked at form 519. Your advice seems to be right on the mark .
    > Now instead of owing $$ to the IRS they owe me big!!
    > Thanks,
    > Chakra
    > SundarV wrote in message
news:...
    > > Originally posted by A. Chakra
    > > > I know most of you reading this will say I am a big procrastinator,
    > > > but would appreciate it if you could help me out.
    > > >.
    > > > I got married in October 2002 in India. My wife came here in jan 2003.
    > > > Can I file a joint federal tax return for 2002 with my wife? What
    > > > other tax options do I have?
    > > >
    > > > Thanks,
    > > >
    > > > Chakra
    > >
    > > The way I read the tax treaty, you can file Married filing jointly.
    > > Please read publication 519 which gives better idea. For 2002, she can
    > > be treated as US resident. You and your wife need to write a letter
    > > asking them to treat your spouse as resident. The advantage of this
    > > method is for people whose spouse has not earned much in the foreign
    > > country. But if the spouse has earned money in India, it has to be
    > > reported in the US tax.
    > >
    > > For you to file jointly, you need to have her SS number or ITIN number.
    > > Publication 519 gives a good explaination of how to treat nonresident
    > > alien for tax purposes.
    > >
    > > This is just what I got out of ready stuff. I would still advise you to
    > > consult an accountant.
    > >
    > > Sundar
    > > P.S. standard disclaimer apply.

A. Chakra

Thanks for raising this issue Bruce....she was a full time student in
India and did not have income...but even if she did it would not make
a difference because (as I understand from form 519, page 14) ..if a
residen alien (which she is for tax purposes, since we signed a joint
letter saying she agrees to be treated so )is present for at least 330
days outside of the US for 12 months consecutive, the foreign income
exclusion in $80,000.00.

But again, I'm not a tax expert or accountant.
Standard disclaimer applies.

"Bruce" wrote in message news:...
    > You didn't forget to add all her India income didyou?
    >
    > "A. Chakra" wrote in message
    > news:[email protected]...
    > > Thanks guys for your replies.
    > >
    > > Sundar, I looked at form 519. Your advice seems to be right on the mark .
    > > Now instead of owing $$ to the IRS they owe me big!!
    > >
    > > Thanks,
    > >
    > > Chakra
    > >
    > > SundarV wrote in message
    > news:...
    > > > Originally posted by A. Chakra
    > > > > I know most of you reading this will say I am a big procrastinator,
    > > > > but would appreciate it if you could help me out.
    > > > >.
    >
    > > > > I got married in October 2002 in India. My wife came here in jan 2003.
    > > > > Can I file a joint federal tax return for 2002 with my wife? What
    > > > > other tax options do I have?
    > > > >
    > > > > Thanks,
    > > > >
    > > > > Chakra
    > > >
    > > > The way I read the tax treaty, you can file Married filing jointly.
    > > > Please read publication 519 which gives better idea. For 2002, she can
    > > > be treated as US resident. You and your wife need to write a letter
    > > > asking them to treat your spouse as resident. The advantage of this
    > > > method is for people whose spouse has not earned much in the foreign
    > > > country. But if the spouse has earned money in India, it has to be
    > > > reported in the US tax.
    > > >
    > > > For you to file jointly, you need to have her SS number or ITIN number.
    > > > Publication 519 gives a good explaination of how to treat nonresident
    > > > alien for tax purposes.
    > > >
    > > > This is just what I got out of ready stuff. I would still advise you to
    > > > consult an accountant.
    > > >
    > > > Sundar
    > > > P.S. standard disclaimer apply.

SundarV

Chakra...i should have read the publication myself properly. I overlooked exclusion. I would get more money back next year. Cool.

Hey, what was your timeline for DCF for your wife. I remember you posted your wife went through it. Which was her home consulate? Can you please email it to me at [email protected]

Do you have any idea if they are still doing it in Delhi?

Thanks

Sundar