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Topic: 6-month extension coming soon - Please help.  (Read 1083 times)

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6-month extension coming soon - Please help.
« on: September 18, 2006, 12:45:01 AM »
Hey guys, I hope you can help us.

First part of the question:

My wife and I were married in 2003. She’s an American citizen and I am not. We moved to London a year ago (September 2005) from NYC. We've filed a 6-month extension for the 2005 tax and we now have an Oct 15 deadline to submit our tax returns.

1.   We filed joint income tax for 2004. Since I am not a US citizen and haven’t filed any paper work for a green card, can we still file joint taxes for 2005? Can we revoke our filing jointly and file as married individuals but filing singly?
2.   How do we declare our 2005 UK income in addition to our US income?

Second part of the question:

Starting July 2006, my wife receives 80% of her salary from the US. The 20% (UK taxed) comes from her employer here in London. From January to June, her employer here paid 100% of her salary (UK taxed).

The $ coming from the US (with no taxes being withheld) is being wired monthly to our US bank account in New York. We then transfer this money to our UK account. How will this affect her/our filing of income taxes for 2006? Is the $ coming to the US needs to be taxed in the UK?

Third part of the question:

I plan to start processing my US green card application by the end of the year. How will this affect our filing of tax returns for 2006?2007?

Many thanks.
JHX



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Re: 6-month extension coming soon - Please help.
« Reply #1 on: September 20, 2006, 09:40:37 AM »
1) 1)  You can file singly if you like - hence, she files MFS and you don't file.

1) 2)  You convert from UK£ to US$ on a calendar year basis.  I hope you saved the payslips.  The P60 is useless as it's April - April.

2)  This requires an extensive determination as to your wife's domicile and residency status.  If she is Resident But Not Ordinarily Resident and non-UK-dom, then a portion of the US wages may be tax-free.  If she is Ordinarily Resident, it would be taxed here. 

3)  Once you have your greencard, it has to be activated for you to be subject to US tax.  It is activated upon your first entry to the US after obtaining the card.  For example, if you get the card Dec 2006 but do not enter the US until 2007, you are resident starting 2007, not 2006.  If you enter the US for 10 or more days prior to activation in any calendar year, then the date may be your first entry date in the US that year.  It's a bit tricky, you should get confirmation once the dates are clearer.

IRS Circular 230 Disclosure:  To ensure compliance with requirements imposed by the U.S. Internal Revenue Service, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein.
Liz Z i t z o w, EA
British American Tax


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Re: 6-month extension coming soon - Please help.
« Reply #2 on: September 20, 2006, 01:38:19 PM »

Thanks Lizzit.
1. We'll file joint for 2005 and she'll file singly (MFS) for 2006.
2. What do you mean by "Ordinarily Resident and non-UK dom"? She works 100% for her employer in London. 3. Thanks for the advice about the green card thingie. No US taxes for a while for me then.

I forgot to ask about State Taxes - we used to live in New York so we have to pay NY state tax for 2005. What about for 2006? We maintained a bank account in New York. We'll soon be changing "our US address" to her parents in California. How will this affect taxation of earned interest for the next couple of years?

JHX


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Re: 6-month extension coming soon - Please help.
« Reply #3 on: September 20, 2006, 04:16:46 PM »
1. You can only file jointly for 2005 if you elect to do so because you are a non-resident alien on 31 December.
2. Once this election is made it can only be revoked once and then never made again so long as you remain a non-resident alien.
3. Because of the no-lapse rule you may however be forced to file as a resident alien for 2006 if you are succesful with the green card.
4. Your wife is doubtless non-UK domiciled.  However if she is 100% working in London then 100% of her earnings are taxable in the UK from the date she arrived here in September 2005, and subject to UK PAYE withholding.  She may remain in FICA if transferred here from the US for less than 5 years, and indeed claim a UK deduction for 401(k) contributions if the plan administrator has obtained migrant member relief for her contributions after A Day (6 April 2006) or corresponding relief up to 6 April 2006 if a claim was approved. 

New York State has a bright line day-counting test to break residence.  Check out their instructions.


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