Filing taxes before spouse gets here

[Kez/JWolf 6]

To use the filing status Single you have to be unmarried as of Dec 31st 2006, to file Head of Household you have to be divorced or hold a legally binding separation agreement and have a qualifying dependent...

The correct filling status for someone married to a non-resident alien should be Married filing separate or Married filling jointly... you can reduce your tax liability by filing married jointly all you need to do is request a ITIN from IRS for your foreign spouse at the time of filling or before....

For more information see IRS website or IRS publication 17

[nyseness 0]

Is this something that HAS to be done? What happens if you don't want to file your spouse. Can I just file married filing separately and if so will there be any problems for next year?

[Kez/JWolf 6]

There is nothing to stop you filling Married filling separately You will pay more tax as your exemptions will be much lower then if you file married filling jointly... this will not cause you any problems next year...

Edited November 27, 2006 by Niagaenola

[riblet 0]

You don't HAVE to file jointly - what you do have to do is file as Married - whether separate or jointly is up to you depending on the costs and benefits of each option.

Is this something that HAS to be done? What happens if you don't want to file your spouse. Can I just file married filing separately and if so will there be any problems for next year?

[nyseness 0]

You don't HAVE to file jointly - what you do have to do is file as Married - whether separate or jointly is up to you depending on the costs and benefits of each option.

Is this something that HAS to be done? What happens if you don't want to file your spouse. Can I just file married filing separately and if so will there be any problems for next year?

I guess what I'm trying to say is I don't want to have my spouse apply for a TTN. I want to file my taxes w/o that headache. I was planning on filing "head of household" but now I dont' know. I thought that was the right thing to do since my sister have done the same a couple of years ago but now I'm unsure. Please advise. The bottom line is I'm not looking for an add'l refund just don't want to owe any taxes.

[riblet 0]

I've heard some people have been successful with filing married separately, and just put unknown for spouse's SSN. Although it's not the right way to do it, it's worked for some people.

I'm feeling a bit out of my league, so maybe someone else can be more helpful, or maybe it would be worth it to have a consultation with an accountant

[nyseness 0]

I've heard some people have been successful with filing married separately, and just put unknown for spouse's SSN. Although it's not the right way to do it, it's worked for some people.

I'm feeling a bit out of my league, so maybe someone else can be more helpful, or maybe it would be worth it to have a consultation with an accountant

Yea I think I might have to look at that b/c the standard deductions for someone filing married separtely is a lot less then what I normally do "head of household".

thanks

[Kez/JWolf 6]

You don't HAVE to file jointly - what you do have to do is file as Married - whether separate or jointly is up to you depending on the costs and benefits of each option.

Is this something that HAS to be done? What happens if you don't want to file your spouse. Can I just file married filing separately and if so will there be any problems for next year?

I guess what I'm trying to say is I don't want to have my spouse apply for a TTN. I want to file my taxes w/o that headache. I was planning on filing "head of household" but now I dont' know. I thought that was the right thing to do since my sister have done the same a couple of years ago but now I'm unsure. Please advise. The bottom line is I'm not looking for an add'l refund just don't want to owe any taxes.

To get the best refund and not owe any taxes you need to file married filling jointly this will give you the largest amount of exemptions and the largest refund.... it is a simple form to complete to get an ITIN number for your spouse... but you can not file head of household as you are now married... if you are unsure of what you need to do there are places like HR Block that do tax preparation who can help you they are not too expensive and will get you the best refund possible....

[riblet 0]

I do know that there is an exception for head of household, that if you have not lived together at all for the last 6 months of the tax year, then you are still permitted to file head of household. I'm not sure if there are any other requirements, but it is a potential possibility.

Edited November 27, 2006 by riblet

[Kez/JWolf 6]

NOpe if you are married as of Dec 31st and you do not have a legal document of separation or are divorced then you can not file as head of household... there are no other exceptions... if you are married and dont live together then you can file separately if you want or jointly....

[riblet 0]

I'm by no means an expert, but I'm currently taking a tax law course, and just read the relevant Tax Code provisions:

Under the Head of Household definition in Section 2:

Certain married individuals living apart

For purposes of this part, an individual shall be treated as not married at the close of the taxable year if such individual is so treated under the provisions of section 7703( B ).

Section 7703:

( B ) Certain married individuals living apart

For purposes of those provisions of this title which refer to this subsection, if -

(1) an individual who is married ...

(2) such individual furnishes over one-half of the cost of maintaining such household during the taxable year, and

(3) during the last 6 months of the taxable year, such individual's spouse is not a member of such household, such individual shall not be considered as married.

Meaning that there is a possible exception, that the IRS may deem you to be not married.

But as I was saying before, it might be worth checking with an accountant - but I wouldn't make absolute statements unless you are really sure.

Edited November 27, 2006 by riblet

[Kez/JWolf 6]

Yes what you quoted is very true.... if you look into it further you will find that there has to be a separation agreement and they have to have moved out of the household for the last 6 months of the year.... as the OP filed last year as head of household as a single person with dependents she can not continue to claim the same status... she would be much better off tax wise if she claimed as married jointly and got the full exemptions she can get....

[riblet 0]

I agree that filing jointly is best My understanding was that there had to be a separation OR living apart not necessarily both. But I will leave this alone now, as I'm definitely not sure on any of this, just trying to help, but maybe causing more confusion than help

[joe84 0]

Wow, I hadn't even considered this tax thing at all! But having read this thread, it sounds like the correct thing to do is to file married, if you're married (duh!) as of dec 31 of the tax year, and, filing separate or joint is up to the discretion of the taxpayer with each having its own negatives. Filing jointly would require a ITIN, but gets the best possible return, and filing single would mean not only does one have to amend the return later on, but also does not get as much money back.

Sounds like "married filing jointly" is the way to go!! Question to the informed folks : does one have to report the income that the spouse earned abroad? Sounds kinda silly to be doing so, but thought I'd ask anyways.

Thanks!

[misa 2]

Sounds like "married filing jointly" is the way to go!! Question to the informed folks : does one have to report the income that the spouse earned abroad? Sounds kinda silly to be doing so, but thought I'd ask anyways.

Good question, I was thinking of that same question myself!