Mesage for Richard/Americans

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Subject: Mesage for Richard/Americans
  Hey Richard,

You being an America, thought would ask you this question

I am about to file my us taxes.
I got married in 2008, have not filed for divorce or separation yet.
My wife never moved to the States from Belgium.

What would be my filing status ? I was thinking single (she won´t fill
out the form to apply for ITIN number) but would that not be a lie
since I am married. But I can´t file as married filing separately because I dont have the ITIN for her.

Please advise

Brian

[16-03-2009,15:14]
[**.232.10.115]
Brian
(in reply to: Mesage for Richard/Americans)
Hi Brian,

The answer depends on your situation. Was your wife a resident alien (green card, work permit, etc.) of the U.S. in 2008? Did she earn income in tax year 2008?

If the answers are yes to above, she needs to get a Taxpayer Identification Number (ITIN) by completing Form W-7, which she can submit with your joint return or her separate return (if filing separetly). The ITIN number can be in lieu of a Social Security Number (if she doesn´t have one) on the return. Your status would then be married, filing either jointly or separately

If your wife was not a U.S. resident in 2008, you have the option of considering yourself not married for tax purposes. You could then file as single. If she was not a resident but earned U.S. income, whe would have to file a return (Form 1040NR) and apply for an ITIN number. In this case, she could file seperately.

All this info. is here:
http://www.irs.gov/pub/irs-pdf/p519.pdf
http://www.irs.gov/publications/p17/ch02.html

[16-03-2009,16:48]
[***.131.12.0]
Richard
(in reply to: Mesage for Richard/Americans)
Hi Richard,

Thanks for the info I will go thru the publications.

Since my wife did not have any US income and never
came to US, I suppose I am ok to file as single then.
But always felt like a lie because I am married ..
but can´t apply for Itin for her because she is
not willing to sign the form to apply for itin.


-Thanks,
Brian

[16-03-2009,20:08]
[**.232.10.115]
Brian
(in reply to: Mesage for Richard/Americans)
I believe that´s correct, Brian. If she was never a U.S. resident, didn´t live in the U.S., and had no U.S. income, you can file as single. Double check the publications to make sure. You can also call the IRS toll free number to verify this.
[16-03-2009,21:40]
[**.53.226.146]
Richard
(in reply to: Mesage for Richard/Americans)
Hi Richard,

I just called the IRS, after being passed back and forth,the last gentleman told me that because I am married I should not file as single, rather file as ´married filing separately´ But, because I do not have Itin no for my wife just write ´Non Resident´ in place of itin and paper file the return.

Do you think it makes senses ?
Will I be paying more taxes filing separately vs single

-Brian

[16-03-2009,22:57]
[**.232.10.115]
Brian
(in reply to: Mesage for Richard/Americans)
Brian,

It makes sense. You can choose to file jointly or separately. You´d be paying the least taxes on the same income if filing jointly (married), because you could claim 2 exemptions (one for yourself and one for your spouse). You´d typically pay more taxes on the same income if filing singly or separately (married) mostly due to only one exemption claimed (yourself).

If the IRS says you can write in "Non Resident" for your spouse´s ITIN number, then I´d file jointly for the greatest tax savings. But you´d also have to report any worldwide income that your spouse had in 2008.

[16-03-2009,23:53]
[**.53.226.146]
Richard
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