Married filing jointly

I was wondering what the pros/cons are for filing jointly with my UKC husband (for US taxes). If I file separately, I would lose out on any child credit which could actually amount to a return, even though I didn't pay anything into the US tax system. At least this seems to be the case. Plus, I would like to be able to deduct for my student loans which I can't do if I file separately.

So...can anyone tell me if it is going to be worth it to file together (he makes very little money - I am the big ol cash cow for the house...lol). His income would amount to about $6000 USD. Mine is about $39,000. I have one child from a previous marriage and his father is deceased.

I understand to do this I would have to get a ITIN but I don't know how much of a hassle that would be and if it would result in any refund.

Please let me know.

Thanks!

I have never seen making a section 6013(g) election to file jointly make a pennies difference to refundable child credits but I haven't run your numbers either to check but you may be right.

You can both jointly elect and either spouse could revoke the election in a later year.  Once revoked the election can never again be made with the same NRA spouse.

Filing jointly means he needs an ITIN - yes; he gets the pleasure of being included in FBAR and all US filing/reporting...

Filing jointly means he needs an ITIN - yes; he gets the pleasure of being included in FBAR and all US filing/reporting...

So does this mean that if I file separately, my UK DH doesn't need a fed id number?

Lisa

So does this mean that if I file separately, my UK DH doesn't need a fed id number?

Lisa

Yes. I file separately every year. Where the 1040 asks for spouse's SS number, I just write NRA (for non-resident alien.) - I'm assuming that your husband classifies as a non-resident alien and has no financial ties to the US.

ok I am doing this for the first time next week so MrsRupert I am in kinda in the same boat.

Is it true I can't do this online since I will need to write NRA?

I am filing 2009 before I leave the country so I know its done!

I'm assuming that your husband classifies as a non-resident alien and has no financial ties to the US.

Yes, you're right. He has no financial ties to the US.

thanks for your help. It will make it lots easier!

Lisa

Is it true I can't do this online since I will need to write NRA?

I don't file online but I am pretty sure there are posts about this if you do a search.

I need to figure out what we're going to do as well, but I saw someone mention ITIN and I looked it up. Looks like you can't do it this year if don't already have one:

http://www.irs.gov/individuals/article/0,,id=96287,00.html

**NEW**           Posted December 22, 2009

*Moratorium on NEW Acceptance Agents Applications Starting January 1, 2010                             

The Internal Revenue Service (IRS) Individual Tax Identification Number (ITIN) Program is announcing a moratorium effective January 1st through April 30th, 2010 on all new Forms 13551, Application to Participate in the IRS Acceptance Agent Program.

During the moratorium, the IRS will not accept or process Forms 13551, Application to Participate in the IRS Acceptance Agent Program. Only amendments to existing, approved agreements will be accepted during the moratorium. The ITIN Program will resume accepting applications during the new 2010  Acceptance Agent Open Season, effective May 1 through August 31, 2010.


I need to start researching my situation. I worked Jan-Mar in the US and not since here in UK. Husband is on benefits, and he has two children. I have used my US funds to help support us, so I need to find out if I can claim them as dependents.

The IRS are saying that new Acceptance Agents can't apply for a short time; but any tax adviser who is already registered as an Acceptance Agent can keep filing W-7s on behalf of their clients.

Individuals who want to apply directly to the IRS without using an Acceptance Agent can continue to apply for an ITIN as well.

Oh okay, sorry if I made it more confusing. I've been putting off looking into it, but I guess I really need to focus now.

How does this work?

I got married in August.
I worked one month in the UK (December).

I plan on filing married, filing seperately.  And do I need to include my UK income?
I will have an accountant do my taxes, but I wanted some info from you guys too.

And I read above about claiming student loans?

Plus, I would like to be able to deduct for my student loans which I can't do if I file separately.

I plan on going back to uni this fall... would I be able to claim student loans from this country next tax year?

My head is spinning.... sorry to hijack...

Jessica, from all I have read - you will need to file your 1040 (or whatever form you usually use) as married, filing seperately and then you need a seperate form (255EZ) for the UK income.  Do not include the UK income as part of your total income on the 1040.

ETA:  Take a look at this link for earned foreign income   http://www.irs.gov/businesses/small/international/article/0,,id=97324,00.html

Here's a question for you guys. I worked Jan, Feb, March in the US. Married in February, moved to the UK and have no income. My husband is on benefits in the UK. Do we do anything with his income on my taxes?

Also, can I claim my stepchildren as dependents? We are the sole guardians (I have parental responsibility) and I have been using my US funds to help support them.

Thanks.

Hokie97 - you may owe UK tax on monies brought to the UK.  This may change how you report your income/gains on your US return.

This is a complicated question, but you may choose to elect to file jointly...but...there are huge numbers of variables so you'd do best with dual qualified US/UK advice.