taxes - filing single vs filing married

[JlovesL 0]

you can file "Married Filing Separately" and just put NRA in place of the SSN

to make everything easier

[SunnySanDiego 17]

You are married and therefore have to file as married. To file as single is wrong. You have to file as either married filing jointly and will need a SSN or ITIN for your husband. The other option is married filing separately and for this one you do not need any info from your husband. If he is not even in the US yet I would say you pretty much have to file married filing separately.

If you do not believe anyone here and need proof go to the irs.gov website and search this phrase 'What is My Filing Status?', chose the first result it gives. This is a tool by the IRS for you to determine your filing status. It will ask you some questions and at the end tell you what status you should use to file.

Edited February 11, 2012 by SunnySanDiego

[StephanieM 60]

You are married and therefore have to file as married. To file as single is wrong. You have to file as either married filing jointly and will need a SSN or ITIN for your husband. The other option is married filing separately and for this one you do not need any info from your husband. If he is not even in the US yet I would say you pretty much have to file married filing separately.

If you do not believe anyone here and need proof go to the irs.gov website and search this phrase 'What is My Filing Status?', chose the first result it gives. This is a tool by the IRS for you to determine your filing status. It will ask you some questions and at the end tell you what status you should use to file.

Thanks, I did the tool and it says I should file married/separate. I guess the next step is to find out how this will affect certain things like my scholarship etc.

Ahh but something else I just thought about, is it true I would have to have been married for 6 months of the year to file married. I was married in 08/11 which is only 4 months of 2011.

Edited February 11, 2012 by francis y steph

[SunnySanDiego 17]

You are welcome. Honestly I don't think it would affect them because even though you are filing married you are not claiming your spouse as a dependent nor is he claiming you on his taxes in the US as he is not even filing right?. You are merely telling them that you are married. I would call the IRS if you are unsure.

Telephone Assistance for Individuals:

Toll-Free, 1-800-829-1040

Hours of Operation: Monday – Friday, 7:00 a.m. – 7:00 p.m. your local time (Alaska & Hawaii follow Pacific Time).

I hope this helps.

[alizon 77]

Ahh but something else I just thought about, is it true I would have to have been married for 6 months of the year to file married. I was married in 08/11 which is only 4 months of 2011.

Nope, not sure where you read that. The issue is whether you were married on Dec. 31, 2011. If so, then you're married for the whole year.

[SunnySanDiego 17]

Thanks, I did the tool and it says I should file married/separate. I guess the next step is to find out how this will affect certain things like my scholarship etc.

Ahh but something else I just thought about, is it true I would have to have been married for 6 months of the year to file married. I was married in 08/11 which is only 4 months of 2011.

No the six month rule only really comes into play when you are claiming your spouse as a dependent or they are claiming you as dependent, which ever way that would apply. The married status itself applies if you are married by Dec 31 of the tax year no matter how long. Even if it was only one day it is still considered married. Sorry . Like I said thought since he is not even in the US and is not claiming you as a dependent I don't think it would affect your eligibility for your scholarship because you are not being supported by him financially.

[yachachiq12 43]

Thanks, I did the tool and it says I should file married/separate. I guess the next step is to find out how this will affect certain things like my scholarship etc.

Have you already said what kind of scholarship you have? Without that information, it's hard to tell how your tax filing would or wouldn't affect a scholarship.

[StephanieM 60]

Have you already said what kind of scholarship you have? Without that information, it's hard to tell how your tax filing would or wouldn't affect a scholarship.

I don't recall it being need-based but I am going to email my advisor to make sure.

Thanks everyone!

[Alex B 9]

If you are married you cannot file single.

This is not true. I've posted about this many times. Read IRS Pub 519, page 9 "Choosing Resident Alien Status".

I filed head of household last year because my wife still did not have her green card. This choice was also given to me by my CPA.

You do have a choice though. You should calculate both ways and file whatever is advantageous for you.

I was a little concerned that filing head of household would not show my relationship with my wife but it didn't even come up at interview so I guess the consulate knows that tax filing status has no bearing on the actual marriage.

[Alex B 9]

You are married and therefore have to file as married. To file as single is wrong. You have to file as either married filing jointly and will need a SSN or ITIN for your husband. The other option is married filing separately and for this one you do not need any info from your husband. If he is not even in the US yet I would say you pretty much have to file married filing separately.

If you do not believe anyone here and need proof go to the irs.gov website and search this phrase 'What is My Filing Status?', chose the first result it gives. This is a tool by the IRS for you to determine your filing status. It will ask you some questions and at the end tell you what status you should use to file.

Nope. Your filing status has nothing to do with your actual status. As read IRS Pub 519, page 9.

This keeps coming up for the couple of years that I've been on this board and still people are getting it wrong.

You may well pay less tax though by making the married election.

NOTE: What is wrong is to file as married WITHOUT making the required declaration signed by both spouses.

[SunnySanDiego 17]

Nope. Your filing status has nothing to do with your actual status. As read IRS Pub 519, page 9.

This keeps coming up for the couple of years that I've been on this board and still people are getting it wrong.

You may well pay less tax though by making the married election.

NOTE: What is wrong is to file as married WITHOUT making the required declaration signed by both spouses.

I actually called the IRS and was told if you are married you have to file as married, filing as single can be considered tax fraud. I also used the IRS's own tool on their website. I am sorry but I believe the people with whom I spoke with at the IRS and the IRS's own website.

[Benika 1]

What do you mean by credits? I have a scholarship, and I do not want it to affect my scholarship.

If you file your taxes there are some things you can get tax credits for (this makes you pay less tax). The education credit should not affect your scholarship - it is just a tax break that you could get for any out of pocket education expense.

To anyone filing "Married Filing Joint" - be very aware that you need to report you total INTERNATIONAL income. If your spouse is making any money this need to be reflected on your tax return. You can re-claim any international taxes paid. "Married Filing Joint" almost always results in less taxes paid. So if possible - do the extra work and file this way.

[Orando 57]

I actually called the IRS and was told if you are married you have to file as married, filing as single can be considered tax fraud. I also used the IRS's own tool on their website. I am sorry but I believe the people with whom I spoke with at the IRS and the IRS's own website.

It appears the poster you responded to is confusing "Married filing separately" and "Married filing jointly". The poster is also confusing residency status and marital status.

Hope it does not end up being a problem for the poster filing single when they indeed were married on 12/31 of that 1st tax year being married. That is a clear misrepresentation of the person's marital status, not sure how big of a deal it is for the IRS, but that is one organization I do not mess around with. They have the power to put people in prison, garnish money from people's pay checks and bank accounts.

What is wrong is filing single when a person is not single, I think he means to say a person can choose between "Married filing separately" and "Married filing jointly". The spouses can also choose to treat the non-resident alien as a resident alien. Following the poster's reasoning it would make sense what he says if that were the case, he also should note that the declaration of status by both spouses is only applicable with "married filing jointly", no declaration of anything is required for "married filing separately" from what I read.

Edited February 11, 2012 by Orando

[SunnySanDiego 17]

It appears the poster you responded to is confusing "Married filing separately" and "Married filing jointly". The poster is also confusing residency status and marital status.

Hope it does not end up being a problem for the poster filing single when they indeed were married on 12/31 of that 1st tax year being married. That is a clear misrepresentation of the person's marital status, not sure how big of a deal it is for the IRS, but that is one organization I do not mess around with. They have the power to put people in prison, garnish money from people's pay checks and bank accounts.

What is wrong is filing single when a person is not single, I think he means to say a person can choose between "Married filing separately" and "Married filing jointly". The spouses can also choose to treat the non-resident alien as a resident alien. Following the poster's reasoning it would make sense what he says if that were the case, he also should note that the declaration of status by both spouses is only applicable with "married filing jointly", no declaration of anything is required for "married filing separately" from what I read.

I think you may be right and they are confused. Why do people not read the original post before putting in their two cents...

[Alex B 9]

I think you may be right and they are confused. Why do people not read the original post before putting in their two cents...

You still haven't read Pub 519 have you?

Please read page 9 and then reply, not before.

If your spouse is not a resident then you only have a choice of filing single/head of household (based on your circumstance) or make the declaration and file married filing jointly. You may not under any circumstance file married filing separately unless your spouse is actually a resident (substantial presence or green card will meet this requirement)

You also have to consider the effect of a tax treaty which in general will say that you owe tax to the country with which you have the closer ties.

Please please go read the publication it's quite short.