Filing Taxes -- Help Please

[djones9714]

I have a question for another person from this website. She wants to know the following:

She is getting married in October to EWI. They will file the I-130. He has been here in the U.S. since 2004. He has been working under the table for these years and has not filed taxes. He has a bank account and has been making deposits into the bank account. He has been living with her. He has an ITIN number but has not used it.

I am advising her to do the following:

They will be getting married in 2007. When they file taxes for 2007, they should file a joint tax return and claim the income he is making even though he doesn't receive any 1099 or W-2. That way, he can at least say he has been paying taxes for the past year and show that this is a bona fide marriage for tax purposes.

Would you advise for him to go back and file taxes for last 2 years also?

[DaveH]

Absolutely. They will want to know what he did those prior years. It will look bad enough as it is that he is only filing now to give the impression he is being honest. At least get caught up.

[jsierra1982]

ok, i'm in the same situation and i'm TERRIFIED of how much we'll have to pay in back taxes--we're going to go completely broke as we don't have that much money. and a bigger question--we've been keeping records of how much my husband has made this year, but he has no records whatsoever for previous years (been here since 2003) because he neglected to write any of that information down :bang: and he has no way of getting records because he worked independently with a partner.

any advice?:dunno:

[lgatica06]

I was under the impression that immigration does not need to know about taxes filed for the EWI, only for the USC to prove affidavit of support? Am I wrong about this.

[djones9714]

You are correct. Only the USC has to show the tax returns for the hardship. However, there is always the possibility of being asked this question and I am advising if you are married to file a joint tax return because it will only benefit you. At least you can say that you are at least starting to file taxes and even though you may have "cheated" all of those years, you now want to make things right. I am not saying to go back 10 years and file, I am only saying perhaps for the last couple. I think it would only serve towards "moral" values and especially help when finalizing your hardship letter request.

[lgatica06]

I was about to say. My husband has been in this country for almost 10 years. There is no way he would remember everything he has made.

[lgatica06]

another questions, for those whose husbands get paid in cash. Where do you claim the money, in misc income as other or what?

[jsierra1982]

yup, my husband gets paid in cash--he does carpeting and construction. there are a couple of tax places in baltimore and silver spring that cater toward latino populations, so i think i'm going to investigate and see if they've done taxes for illegals and how we should proceed--he doesn't even have a tax id#.

[lgatica06]

I tried to get a tax id# last year for my husband but they wouldn't accept his id and birth certificate alone they wanted his passport as well. He doesn't have one so we are making an appt to go to orlando to get one soon since we have tried 2x with the mobile consulate and been too late.

[JessyRafa]

another questions, for those whose husbands get paid in cash. Where do you claim the money, in misc income as other or what?

I 2nd this question!! Can anyone out there help us? Thanks!! :)

[djones9714]

You would put down the income a "miscellaneous" as if your husband had received a 1099.

[JessyRafa]

Great! Thank you DJones! :)

[jsierra1982]

thanks i needed that too.

[JennyM]

I am in the SAME situation. If he makes money under the table he has to claim something but being self employed will make you be taxed differently. We are filing taxes tomorrow but do not have a record of what he made so we are guess-to-mating. Hopefully we will break even.

[JennyM]

You would put down the income a "miscellaneous" as if your husband had received a 1099.

If they are working under the table they will not get a 1099....they will have to file self-employed.

[jsierra1982]

how do you file self-employed? if i get turbotax, will it tell me how to do that?

[JennyM]

how do you file self-employed? if i get turbotax, will it tell me how to do that?

That is why...this year I will have an accountant and next year...I'll be doing them myself. :)

[JessyRafa]

how do you file self-employed? if i get turbotax, will it tell me how to do that?

TurboTax is a great program. It should most definitely tell you how to do it.

[djones9714]

If they are working under the table they will not get a 1099....they will have to file self-employed.


That's why I said they will file "as if your husband had received a 1099." You can file the Schedule C listing only the income and not any expenses.

[brezarenee]

bump...

Was this issue resolved? Do you have to file a schedule c (claiming earnings as self-employed) and also a schedule SE (self-employment taxes paying both the employer and employee shares of FICA and SS)? Does this sound right?

These employers are making off like bandits I tell you. I don't know how our government can't figure out that there are companies supposedly staying afloat with no employees. IE According to what he's filed with the IRS, my hubbie's ex-boss is running his restaurant with absolutely no kitchen staff - amazing!

[JennyM]

Ok..so I got a firm to do my taxes...she was from Jamaica and I told her the whole story, so she knew what I was doing......on the 1040 she claimed his income on line 12 business income or (loss) and she filed a form Schedule C-EZ and claimed his money on Part 2 And schedule SE....She charged me $125....I think I'm just going back to her next year! :) and I'm getting money back, this crap is tooo confusing.

[brezarenee]

Tell me about it! So confusing! Thanks for responding. That was what I had deducted from my google searches, but I don't want to mess up and be audited!!

Last night I told my husband that he has to go and track down his w-2s from all of the years before we got married so that I could file his backtaxes. He started whining about how much work that would be, and I literally wanted to wring his neck!!! I was like, excuse me? I am doing this FOR YOU and it's a heck of a lot of work for me, so do your darn part....grrr...Sorry, had to vent that one.

[djones9714]

One important difference between a W-2 and 1099. Remember that when you are an employee and receive a W-2, you cannot deduct any expenses relating to your job. However, if you receive a 1099 for miscellaneous income, that is almost like you were in business and you can deduct your car expenses.