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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29969
Experience:  Taxes, Immigration, Labor Relations
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Filing taxes abroad

Resolved Question:

I'm living and working in Ireland and filing US taxes for the first time. I have a few questions. 1) Do I have to fill out the 2555 and/or the 2555ez 2) I'm married and planning on filing separately, my husband is an Irish citizen. I understand that he needs to fill out the w-7 for a tax number, however we are in the process of applying for his green card. Can he still fill out the w-7? Is there any other forms you think I'd need??
Also, I have 2 daughters, however they do not have SSN yet, can I claim them as dependents?
Submitted: 6 years ago.
Category: Tax
Expert:  Lev replied 6 years ago.

LEV :

Hi and welcome to Just Answer!
1) Do I have to fill out the 2555 and/or the 2555ez?
You do not have to file the form 2555 (or 2555EZ) - however - you may use it if you qualify and if you want to claim foreign earned income exclusion.
2) I'm married and planning on filing separately, my husband is an Irish citizen. I understand that he needs to fill out the w-7 for a tax number; however we are in the process of applying for his green card. Can he still fill out the w-7? Are there any other forms you think I'd need?
Your spouse doesn't need to file W-7 form and doesn't need to apply for ITIN if he will not file the US tax return. These are needed only if you decide to file a joint tax return.


Also, I have 2 daughters, however they do not have SSN yet, and can I claim them as dependents?
You may not claim dependents that don’t have tax IDs (either SSN or ITIN)
If your daughters are eligible for SSN's - they should apply for SSN's before you may claim them as dependents. If they are not eligible for SSN's and you want to claim them as dependents - they should apply for ITIN's. You may mail your tax return and ITIN application together.
Let me know if you need any help.

Customer:

Thank you so much for your help. All I have to fill out is the 1040?

Customer:

And regarding my daughters, if I don't want to claim them as dependents can I just leave that part blank on the 1040?

LEV :

You need to use teh form 1040 and all required additional forms and schedules based on your application.

LEV :

Yes - that is correct - you are not required to claim dependents. You may amend your tax return later adding dependents and claim additional refund. Generally - you have three years to do that.

Customer:

Ok thank you. One last question (I think!), do you know of anywhere online that I can file back taxes, or do I need to mail a physical copy?

Customer:

Sorry I have another question. The 1040 says to attach w-2, but since I'm abroad I don't have a w-2. Do I need to attach something that shows my earnings?

LEV :

You may not file electronically tax returns for past years - your only choice is to mail them to the IRS.
If you do not have W2 - there is nothing to attach. To avoid possible questions - you may attach a note with explanations.

Customer:

Thank you so much for your help!

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