BridgeHall555
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- Posted Re: To file separately without the spouse's social security n... on Retirement tax questions. October 5, 2020 9:03 PM
- Posted California Turbo Tax: Why software prints 2 copies of Schedule CA Adjustments? on State tax filing. October 1, 2020 10:58 PM
- Posted Re: Form 8958 Required for Non Resident Alien Spouse Living Seperately? on Get your taxes done using TurboTax. July 11, 2020 3:31 AM
- Posted Re: Form 8958 Required for Non Resident Alien Spouse Living Seperately? on Get your taxes done using TurboTax. July 11, 2020 2:27 AM
- Posted Re: Form 8958 Required for Non Resident Alien Spouse Living Seperately? on Get your taxes done using TurboTax. July 11, 2020 12:00 AM
- Posted Re: Form 8958 Required for Non Resident Alien Spouse Living Seperately? on Get your taxes done using TurboTax. July 10, 2020 1:18 AM
- Posted Form 8958 Required for Non Resident Alien Spouse Living Seperately? on Get your taxes done using TurboTax. July 10, 2020 1:15 AM
- Posted Re: @jsltwl I think there may have been a misunderstanding.... on Get your taxes done using TurboTax. July 9, 2020 10:06 AM
- Posted Re: @jsltwl I think there may have been a misunderstanding.... on Get your taxes done using TurboTax. July 9, 2020 9:53 AM
- Posted Re: TurboTax Business e-file CA Form 541 fiduciary return? on State tax filing. June 25, 2020 9:51 AM
October 5, 2020
9:03 PM
Hi Susan, thanks so much for your expertise. For clarification, are you saying in WordmanXYZ’s case there is also no need to request a ITIN (as there is no claim for a spousal dependent exemption)? I have a very similar case to his. I believe the spousal dependent exemption expired starting in 2018 anyway. Correct?
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October 1, 2020
10:58 PM
I've noticed this not only this year but in prior year's. Usually delete one copy. Why does the software print 2 consistently? Required?
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July 11, 2020
3:31 AM
More data points...... I don’t see anything in Pub 555 which states Form 8958 is required to be filed in the case of Spouses living apart all year and with no community income. There is nothing explicitly stating a requirement to file and my wife has no SSN. The form itself requires an SSN. To the contrary, p 10 of Pub 555 explicitly states in cases where Spouses are not living apart all year but are filing separately are required to file Form 8958. Can you clarify? Thanks again.
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July 11, 2020
2:27 AM
Hi Victoria: Thank you so much. Will take another look. So what you are saying is fill in both salaries but allocate 100% of husbands to his column and 100% of wife’s salary to her column? So, go ahead and fill out W7 to get the ITIN? Or write non-resident alien in the box? Also, as a follow on to my above quest for your feedback, I want to confirm that my case qualifies as “Spouses living apart all year.” I think we do but am interested in your take: Reference: From Pub 555 (https://www.irs.gov/publications/p555) “Domicile The law of the state, or the law of the foreign country, where you are domiciled will determine if you have community property, community income, or both. If you and your spouse (or your registered domestic partner) have different domiciles, check the laws of each to see if you have community property, community income, or both. You have only one domicile even if you have more than one home. Your domicile is a permanent legal home that you intend to use for an indefinite or unlimited period, and to which, when absent, you intend to return. The question of your domicile is mainly a matter of your intention as indicated by your actions. You must be able to show that you intend a given place or state to be your permanent home. If you move into or out of a community property state during the year, you may or may not have community income. Factors considered in determining domicile include: Where you pay state income tax, Where you vote, Location of property you own, Your citizenship, Length of residence, and Business and social ties to the community. Amount of time spent. The amount of time spent in one place doesn't always explain the difference between home and domicile. A temporary home or residence may continue for months or years while a domicile may be established the first moment you occupy the property. Your intent is the determining factor in proving where you have your domicile. Note. When this publication refers to where you live, it means your domicile.” Scenario: Husband (me) is US citizen (by birth), maintained residence in US entire life, pays State income taxes, and runs own investment business permitting him to travel on his own schedule. Wife is non-US resident, foreigner residing and working in low tax country. All her ties, family, business and social are in the foreign country. She visits and vacations a few weeks per year to US. Husband travels to foreign country and stays months at a time on tourist visa. At the moment, they intend to keep this scenario for the foreseeable future. Question: Can husband file as MFS and be considered as “Spouses living apart all year” for purposes of Form 8958 filing (or no need to file requirements in previous post above)?
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July 11, 2020
12:00 AM
Hi Victoria: Thank you so much for your feedback. Will take another look. So what you are saying is fill in both salaries but allocate 100% of husbands to his column and 100% of wife’s salary to her column? So, go ahead and fill out W7 to get the ITIN? Or write non-resident alien in the box? Also, as a follow on to my above quest for your feedback, I want to confirm that my case qualifies as “Spouses living apart all year.” I think we do but am interested in your take: Reference: From Pub 555 “Domicile The law of the state, or the law of the foreign country, where you are domiciled will determine if you have community property, community income, or both. If you and your spouse (or your registered domestic partner) have different domiciles, check the laws of each to see if you have community property, community income, or both. You have only one domicile even if you have more than one home. Your domicile is a permanent legal home that you intend to use for an indefinite or unlimited period, and to which, when absent, you intend to return. The question of your domicile is mainly a matter of your intention as indicated by your actions. You must be able to show that you intend a given place or state to be your permanent home. If you move into or out of a community property state during the year, you may or may not have community income. Factors considered in determining domicile include: Where you pay state income tax, Where you vote, Location of property you own, Your citizenship, Length of residence, and Business and social ties to the community. Amount of time spent. The amount of time spent in one place doesn't always explain the difference between home and domicile. A temporary home or residence may continue for months or years while a domicile may be established the first moment you occupy the property. Your intent is the determining factor in proving where you have your domicile. Note. When this publication refers to where you live, it means your domicile.” Scenario: Husband (me) is US citizen (by birth), maintained residence in US entire life, pays State income taxes, and runs own investment business permitting him to travel on his own schedule. Wife is non-US resident, foreigner residing and working in low tax country. All her ties, family, business and social are in the foreign country. She visits and vacations a few weeks per year to US. Husband travels to foreign country and stays months at a time on tourist visa. At the moment, they intend to keep this scenario for the foreseeable future. Question: Can husband file as MFS (married filing separately) and be considered as “Spouses living apart all year” for purposes of Form 8958 filing (or no need to file requirements in previous post above)? Thanks again.
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July 10, 2020
1:18 AM
I failed to state that I want to file as married filing separately.
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July 10, 2020
1:15 AM
For 2019, I am trying to figure out whether I am REQUIRED to file Form 8958 (Allocation of Tax Amounts Between Certain Individuals in Community Property States) Per page 8 of IRS Publication 555 reads “if you are a US citizen or resident alien and don’t choose to treat your nonresident alien spouse as a US resident for tax purposes, treat your community income as explained under Spouses living apart all year. However, you don’t have to meet the four conditions discussed there.” Spouses living apart all year. If you are married at any time during the calendar year, special rules apply for reporting certain community income. You must meet all the following conditions for these special rules to apply. 1.You and your spouse lived apart all year. 2.You and your spouse didn't file a joint return for a tax year beginning or ending in the calendar year. 3.You and/or your spouse had earned income for the calendar year that is community income. 4.You and your spouse haven't transferred, directly or indirectly, any of the earned income in condition (3) above between yourselves before the end of the year. Don't take into account transfers satisfying child sup-port obligations or transfers of very small amounts or value. We actually meet all of the conditions despite not being required to. In reference to an example, the page goes on to state “But because they meet the four conditions listed earlier under Spouses living apart all year, they must disregard community property law in reporting all their income (except the interest income) from community property. They each report on their returns only their own earnings and other income, and their share of the interest income from community property.” Based on this, in our case, there would be no community income, including income from community property. But the instructions do not explicitly state whether we need to fill out the form and make the allocation of my income to myself and my wife’s to her OR just not submit the form! What to do? Also, on my Form 1040, in the box requiring spouse’s SSN, what do I do? Write in NRA (non -resident alien)? Apply for a ITIN (tax identification number) using Form W-7 even though my spouse does not need one? What to do? Reference: https://www.irs.gov/publications/p555
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July 9, 2020
10:06 AM
Never mind. I figured it out. Lines 21 and 64 are on the relevant schedules i.e. Schedules 1 through 5. I have a different question but related to the same Form 8958. My wife is a non US resident and we lived apart all year. I have figured out there is no allocation of community property nor income. Does the form itself still need to be filed at all or is it filed with no numbers in the boxes?
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July 9, 2020
9:53 AM
Carol, I am following your logic for a similar issue related to 2019 returns. I am confused what you mean by lines 21 and 64 for the 2018 return, Looking at Form 1040 line 21 relates to refunds and line 64 does not even exist. Can you clarify?
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June 25, 2020
9:51 AM
Not to hijack this thread but I’m following up on it due to it being one of the few related to a big problem for me with no resolution. I am reinstalling 2015 Business Turbo Tax due to a Windows upgrade where I wiped my old OS and drive. Although I purchased the California Fiduciary (CA Form 541) download in the past, it went straight to my computer via download as by default it downloads through the program. I didn’t log into the TurboTax site to download the copy there for archive purposes and Intuit has purged it. The program doesn’t allow me to download another copy and Intuit claims they don’t have any copies. Because participants on this thread are discussing CA Form 541, I am wondering if anyone who was savvy enough to download it and save the California software would be kind enough to share it with me. I have the TurboTax Program but without the CA state software, the whole thing has become useless!
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