Lucho Posted February 8, 2009 Report Share Posted February 8, 2009 Taxpayer living and working in USA needs to file for the first time. He got his work permit last year. His wife lives in Central America (she has never being in the USA). If filing MFS (claiming 0 dependents) credts will be an issue, If filing single, I do not find anything in favor or against. Reading about Filing Status in Pub 17 don't give me an answer about this situation. Does anyone knows if the fact that he married in another country won't matter if he files Single? Any comment will appreciated. meanwhile, I will continue checking on Tax Treaties with the particular country he came from. Thank you. Lucho Quote Link to comment Share on other sites More sharing options...
taxtrio Posted February 8, 2009 Report Share Posted February 8, 2009 Legally married is Legally married.....Not Single! When people emmigrate to the U.S. they don't have to get married again here. Taxtrio Quote Link to comment Share on other sites More sharing options...
Lucho Posted February 8, 2009 Author Report Share Posted February 8, 2009 Legally married is Legally married.....Not Single! When people emmigrate to the U.S. they don't have to get married again here. Taxtrio Thank you for your comment. Quote Link to comment Share on other sites More sharing options...
Bart Posted February 8, 2009 Report Share Posted February 8, 2009 Taxpayer living and working in USA needs to file for the first time. He got his work permit last year. His wife lives in Central America (she has never being in the USA). If filing MFS (claiming 0 dependents) credts will be an issue, If filing single, I do not find anything in favor or against. Reading about Filing Status in Pub 17 don't give me an answer about this situation. Does anyone knows if the fact that he married in another country won't matter if he files Single? Any comment will appreciated. meanwhile, I will continue checking on Tax Treaties with the particular country he came from. Thank you. Lucho Make them MFJ and apply for an ITIN. Quote Link to comment Share on other sites More sharing options...
Lucho Posted February 8, 2009 Author Report Share Posted February 8, 2009 Make them MFJ and apply for an ITIN. Spouse does not live here. Quote Link to comment Share on other sites More sharing options...
David1980 Posted February 9, 2009 Report Share Posted February 9, 2009 Spouse does not live here. So? Does she have any income? The forms can be mailed off and the required information mailed to him. This of course won't get an instant refund but it will probably provide the best tax outcome. Otherwise MFS just sucks... ? Quote Link to comment Share on other sites More sharing options...
Lucho Posted February 9, 2009 Author Report Share Posted February 9, 2009 So? Does she have any income? The forms can be mailed off and the required information mailed to him. This of course won't get an instant refund but it will probably provide the best tax outcome. Otherwise MFS just sucks... ? Thank you for your recomendation. Lucho Quote Link to comment Share on other sites More sharing options...
Terry D EA Posted February 9, 2009 Report Share Posted February 9, 2009 I agree, they are MFJ regardless of which country they were married in which will return the best refund. If she does not have an ITIN. Then apply for it with the tax return. I am not sure, but I think you can now e-file the return with the W-7 attached. Someone will correct me if I am wrong. Terry D. Quote Link to comment Share on other sites More sharing options...
Lucho Posted February 10, 2009 Author Report Share Posted February 10, 2009 I agree, they are MFJ regardless of which country they were married in which will return the best refund. If hse does not have an ITIN. Then apply for it with the tax return. I am not sure, but I think you can now e-file the return with the W-7 attached. Someone will correct me if I am wrong. Terry D. Thank you Terry D I"ll talk to the taxpayer again during this week. Lucho Quote Link to comment Share on other sites More sharing options...
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