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I have a question regarding an application for ITIN for my…

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My name is *****...

My name is ***** ***** i have a question regarding an application for ITIN for my wife who is studying in Singapore I am a Grenn Card holder and an Indain Citizen. I have applied for my wifes Greencard. She is an Indian citizen as well. But while we wait for it i would like to get her an ITIN so that i can file my taxes jointly

Accountant's Assistant: The Accountant will know how to help. Is there anything else important you think the Accountant should know?

She is a student but has a stipend. She does not get a W-2 form. I need to know what the equivalent information is, so that i can apply for her ITIN

Submitted: 5 months ago.Category: Tax
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11/18/2017
Tax Professional: Lane, JD, CFP, MBA, CRPS replied 5 months ago
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 14,020
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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HI, MY NAME’S LANE - I hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice 1986.

If you’ll please bear with me for a minute I’ll type up my initial response, and then we can go from there if you have further questions on this.

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 5 months ago

You do not need to know what the tax reporting is in order to start the itin process by filing form w-7.

...

The only two ways that this can be reported is through the w-2 (will arrive in January) or a 1099 (also received in January)

...

Have I understood your question correctly? (were you assuming that you needed to know how the reporting is done regarding her stipend in order to make the application for the itin?

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Customer reply replied 5 months ago
She is in Singapore and moreover she is a student. So she doesnot have a W-2. So how do i declare her income?
Or can i get an exemption on her income?
Tax Professional: Lane, JD, CFP, MBA, CRPS replied 5 months ago

If she is not a resident, and the income is not US source income it is not taxable. You can file as married filing separately.

...

If you want to use the itin and file jointly (for financial reasons, to get the lower tax rates) you'll report the income on line 21 of your joint return "other income."

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 5 months ago

As a married individual you can file as married filing jointly or married filing separately. She, alone, has no filing requirement.

...

Is your wife a US person? (for tax purposes, also referred to as a tax resident; (1) U.S.Citizen, (2)green-card holder or (3) one passing the US substantial presence test)?

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 5 months ago

Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. However, nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns - in which case you'll, again, simply report the income on line 21.

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Customer reply replied 5 months ago
As per what i have gathered from other sources and as per what you have just told me, she can be treated as a nonresident alien as she is the spouse of a green-card holder. I would like to file jointly for financial reasons like you said. It is for this purpose that i require the ITIN.
But for filing jointly, she would need an ITIN. This is the conundrum i am facing now. As per what you have said, i just need to mention it under Income from other sources (Line 21) in my W-7. What about the info i need to fill in the W-7 under my wifes name - specifically the ITIN?
Tax Professional: Lane, JD, CFP, MBA, CRPS replied 5 months ago

THe w7 is the application FOR an ITIN. Also, you can send in the w-7 WITH the tax return. (You'll have to file a paper return)

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 5 months ago

Other income is line 21 on the tax return (form 1040). The W-7 is the application for the itin.

...

But again, you can always file the first return and the w-7 at the same time (writing "applied for" in place of the ITIN on that first return)

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Customer reply replied 5 months ago
Do i need to declare her income in that case? It is nominal and i am not bringing it into the US. Can i just put 0 under other income and file jointly? Wouldn't that be more beneficial in a joint filing since my purpose is for reaching a lower tax bracket and for getting the deductions for filing jointly.I have already file my last years tax return under married, filing separately since she didnt have an ITIN then. I didnot get the time last year as our marriage was in September and i came back in October end and was focussing more on getting Greencard application in.
Tax Professional: Lane, JD, CFP, MBA, CRPS replied 5 months ago

No, if you file jointly you are electing to treat her AS a resident and all tax residents must report all worldwide income.

...

But if it is they typical stipend, your tax liability will still likely be less by getting the larger standard deduction, TWO personal exemptions and the lower tax rates on the same level of income.

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 5 months ago

FYI:

...

Married Filing Separately 2017 Tax Brackets

Marginal Tax Rate:

$0-$9,325 ... 10%

$9,326-$37,950 ... 15%

$37,951-$76,550 ... 25%

$76,551-$116,675 ... 28%

$116,676-$208,350 ... 33%

$208,351-$235,350 ... 35%

$235,351 and over ... 39.6%

...

Married Filing Jointly 2017 Tax Brackets

$0-$18,650 ... 10%

$18,651-$75,900 ... 15%

$75,901-$153,100 ... 25%

$153,101-$233,350 ... 28%

$233,351-$416,700 ... 33%

$416,701-$470,700 ... 35%

$470,701 and over ... 39.6%

...

The 2017 standard deduction amounts will be as follows:

  • Single or married filing separately: $6,350
  • Married filing jointly: $12,700
  • Head of household: $9,350

...

The personal exemption amount for 2017 is $4,050 (and married filing jointly gives you two exemptions - income only starts being taxable after the larger standard deduction and two exemptions, of (12700 + 4050 + 4050) = 20800

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 5 months ago

Hi Deepak, does that all make sense? ... other questions?

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 5 months ago

Hi, Lane here.

...

I’m just checking back in to see how things are going.

...

Did my answer help?

If so, I'd appreciate a positive rating, using the stars on your screen, and then clicking “submit" – That’s the only way I’ll be credited for the work.

But if you need more on this please let me know

Lane

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