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lele2007p
New Member

I got married 2007, but my husband have not been in USA.. My husband will be USA next week. please tell me how do i file my husband in 2017.

from 2007 until 2016 i use to file household single mom. how do i do income return 2017 with my husband.  one of agent tell me that i can claim my husband 2015, 2016 and get adjustment for these year and current year when he is USA.

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Opus 17
Level 15

I got married 2007, but my husband have not been in USA.. My husband will be USA next week. please tell me how do i file my husband in 2017.

For 2017 your spouse will probably still be classified as a non-resident for tax purposes, based on the substantial presence test.  https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

In that case you have a choice.  You can file as married filing separately. You do not list your spouse as a dependent.  Leave the spouse's SSN blank.  You can't e-file.  Print your return, write "NRA" for the spouse's SSN, and mail in your return.  Married filing separately has the highest tax rates and many deductions and credits are reduced or disallowed, but you don't have to pay income tax on your spouse's non-US income.  Your spouse will file a form 1040-NR for any US-sourced income they might have, also as married filing separately.  Turbotax can't prepare a 1040-NR so you will need to find another tax servicer for your spouse.

Or, you can make an election to treat your spouse as a US person for tax reasons, in which case you can file as married filing jointly.  Treating your spouse as a US person means you must report and pay US income tax on their income from anywhere in the world (there is an offsetting credit for foreign taxes).  You get lower tax rates and some other benefits by filing jointly, but the worldwide tax thing might cost you more than you save.  Your spouse needs an ITIN (international tax ID number).  If you have it, you can e-file the MFJ return.  If your spouse does not yet have an ITIN, you can't e-file. You need to print your return and mail it to the IRS, along with a form W-7 ITIN application and any required proofs.  You will need a fake SSN to get through the interview, try 999-88-9999.  After printing the return, cover the fake SSN with white-out.  Mail your return and form W-7 to the address in the W-7 instructions, not the usual address for your tax return.

You can't file as head of household any more.

https://www.irs.gov/uac/about-form-w7


https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse-treated-as-a-resident

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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2 Replies
DoninGA
Level 15

I got married 2007, but my husband have not been in USA.. My husband will be USA next week. please tell me how do i file my husband in 2017.

Does he have a Tax Identification Number such as an ITIN or SSN (Individual Tax Identification Number or Social Security Number)?
Opus 17
Level 15

I got married 2007, but my husband have not been in USA.. My husband will be USA next week. please tell me how do i file my husband in 2017.

For 2017 your spouse will probably still be classified as a non-resident for tax purposes, based on the substantial presence test.  https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

In that case you have a choice.  You can file as married filing separately. You do not list your spouse as a dependent.  Leave the spouse's SSN blank.  You can't e-file.  Print your return, write "NRA" for the spouse's SSN, and mail in your return.  Married filing separately has the highest tax rates and many deductions and credits are reduced or disallowed, but you don't have to pay income tax on your spouse's non-US income.  Your spouse will file a form 1040-NR for any US-sourced income they might have, also as married filing separately.  Turbotax can't prepare a 1040-NR so you will need to find another tax servicer for your spouse.

Or, you can make an election to treat your spouse as a US person for tax reasons, in which case you can file as married filing jointly.  Treating your spouse as a US person means you must report and pay US income tax on their income from anywhere in the world (there is an offsetting credit for foreign taxes).  You get lower tax rates and some other benefits by filing jointly, but the worldwide tax thing might cost you more than you save.  Your spouse needs an ITIN (international tax ID number).  If you have it, you can e-file the MFJ return.  If your spouse does not yet have an ITIN, you can't e-file. You need to print your return and mail it to the IRS, along with a form W-7 ITIN application and any required proofs.  You will need a fake SSN to get through the interview, try 999-88-9999.  After printing the return, cover the fake SSN with white-out.  Mail your return and form W-7 to the address in the W-7 instructions, not the usual address for your tax return.

You can't file as head of household any more.

https://www.irs.gov/uac/about-form-w7


https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse-treated-as-a-resident

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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