taxes

[destiny64 222]

To all you CR-1/IR-1 spouses , it's getting to be tax time. What do you file when your spouse is living in another country? I usually claim head of household, I'm thinking that still applies but I think I must put somewhere that I'm now married?

[CarlosAndSveta 808]

To all you CR-1/IR-1 spouses , it's getting to be tax time. What do you file when your spouse is living in another country? I usually claim head of household, I'm thinking that still applies but I think I must put somewhere that I'm now married?

Here is a link to a tool on the IRS website that helps you figure out your filing status:

What is my filing status?

You definitely should not file as Single since you are married.

[destiny64 222]

Thanks , that was very useful. That link helped me verify what I thought was true, just gets confusing when married but spouse isn't here!!!!

[hamigirl710 112]

I have been married since 2010 and my hubby is still in Morocco and I claim head of household and have no problems.

[The Mean Lady 604]

I have been married since 2010 and my hubby is still in Morocco and I claim head of household and have no problems.

That doesn't make it correct, though.

You can claim the Head of Household (HOH) filing status on your tax return if you are unmarried, have cared for a dependent for over half the year, and paid more than half the cost of maintaining a home.

Taxpayers claiming the Head of Household filing status benefit from a higher standard deduction and lower tax rates compared to the single filing status. The definition of HOH filing status is quite specific, so read over the criteria carefully.

You are unmarried or "considered unmarried" on the last day of the year.

You paid more than half the cost of keeping up a home for the year.

A "qualifying person" lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the "qualifying person" is your dependent parent, he or she does not have to live with you.

My husband and I have been married since Oct 2010. I attempted joint filing for 2010, but the irs, after 5 months, eventually denied and claimed my notary stamp was expired (which doesn't even expire until 2013...) so they changed me to single. In 2011, my husbands ITIN was accepted and we filed as joint.

Edited November 11, 2012 by KDubovik

[destiny64 222]

I would add that I have two dependants, so I qualify for HOH.

[The Mean Lady 604]

I would add that I have two dependants, so I qualify for HOH.

Those are ANDs not ORs.

You have to be unmarried: IE a single mother/father.

[ShawnL 0]

I would think you can file married jointly. Just have to report foreign spouse's income as well. And claim tax credit for the foreign tax paid. It fits non-US resident treating as US resident for tax purpose.

[destiny64 222]

Those are ANDs not ORs.

You have to be unmarried: IE a single mother/father.

According to IRS for tax purposes you are considered "unmarried if you haven't lived together for more than six months" to qualify for HOH, and obviously if you have dependants and are the sole supporter you pay for more than 1/2 the cost of the house.

* household, not house*

[The Mean Lady 604]

If that's the case then I haven't been married since the day we were married since my husband and I have technically NEVER lived together. I stay with him for a few months at a time in Canada but I don't live here.

[destiny64 222]

If that's the case then I haven't been married since the day we were married since my husband and I have technically NEVER lived together. I stay with him for a few months at a time in Canada but I don't live here.

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As you stated , for HOH you needed multiple scenarios to qualify. If you follow that link from IRS that Carlos and SVETA ,it gives a questionaire to follow to give the individual case the answer for filing status. If you haven't lived together then in the eyes of the IRS you can qualify as not married for tax purposes when determining HOH with dependants. I could try to file jointly with my husband from Morocco, but since they get paid out of pocket its going to be pretty hard to prove the accuracy of his income!

If you do not live with your spouse during the last six months of the year and you meet certain other tests, you may be considered unmarried for the Head of Household filing status, even if you are not divorced or legally separated.

Edited November 11, 2012 by destiny64

[The Mean Lady 604]

If that's the case then I haven't been married since the day we were married since my husband and I have technically NEVER lived together. I stay with him for a few months at a time in Canada but I don't live here.

As you stated , for HOH you needed multiple scenarios to qualify. If you follow that link from IRS that Carlos and SVETA ,it gives a questionaire to follow to give the individual case the answer for filing status. If you haven't lived together then in the eyes of the IRS you can qualify as not married for tax purposes when determining HOH with dependants. I could try to file jointly with my husband from Morocco, but since they get paid out of pocket its going to be pretty hard to prove the accuracy of his income!

Yes I suppose!

My husband had made nothing in 2010 so I won there lol that was too easy.

[destiny64 222]

Yes I suppose!

My husband had made nothing in 2010 so I won there lol that was too easy.

If you have kids or another person you claim as a dependant you would qualify for HOH , since you haven't lived together.

[The Mean Lady 604]

If you have kids or another person you claim as a dependant you would qualify for HOH , since you haven't lived together.

I have no kids and I consider myself married.

[destiny64 222]

I consider myself married also, but for tax purposes until he's living here, I will take advantage of the HOH Can't wait for him to be here with me, one less thing to add to my list of stresses from living apart.