Filing single or married?

[pushbrk 12,882]

Stop telling people that it is ok to file single when they are actually married. Just because it had no consequences for you doesn't mean that is true for everybody.

NO! I won't stop. Besides, I never said it was "ok". I said it was an error without a consequence and with potential benefits. The exception is if you actually work for the IRS. But those folks wouldn't come here asking about it.

FYI, I've spoken about this to an IRS employee who found himself in this predicament, who explained to me that HE couldn't get away with it like a regular taxpayer would. See, it really ain't my first rodeo, or as few as my two hundredth.

[TBoneTX 45,284]

One post removed for profanity and another for bickering. Please remain civil, or thread-bans will follow.

[novedsac 355]

Consular Officers see this all the time. No worries. Technically, you filed with the wrong status but unless you actually work for the IRS, there's no penalty for doing so. Paying extra taxes is not against the law. You can amend the return once your spouse arrives and has a Social Security number.

Technically, you lied on an official government form.

Where you sign, it clearly says that under penalty of perjury you are providing truthful statements in the tax return. Claiming single when you are married and don't meet the IRS rules for 'unmarried' is not a truthful statement. (yes, there are situtations where you may meet the IRS definition of 'unmarried' which allows you to lawfully claim single even though you are still married)

I've never seen IRS go after someone solely for this kind of mispresentation, but I have seen it lumped in with a list of more egregious misrepresentations. Once IRS makes the decision to go after a taxpayer, they are going to lump in everything they can from the trivial to the outrageous.

Also, IRS employees follow the same rules and suffer the same consequences as everyone else when filing federal tax returns.

[pushbrk 12,882]

Technically, you lied on an official government form.

Where you sign, it clearly says that under penalty of perjury you are providing truthful statements in the tax return. Claiming single when you are married and don't meet the IRS rules for 'unmarried' is not a truthful statement. (yes, there are situtations where you may meet the IRS definition of 'unmarried' which allows you to lawfully claim single even though you are still married)

I've never seen IRS go after someone solely for this kind of mispresentation, but I have seen it lumped in with a list of more egregious misrepresentations. Once IRS makes the decision to go after a taxpayer, they are going to lump in everything they can from the trivial to the outrageous.

Also, IRS employees follow the same rules and suffer the same consequences as everyone else when filing federal tax returns.

Remember that before the IRS gets around to making an issue of filing status, it will have been corrected with an amended return. All the same filing rules apply to IRS employees and the general public but the consequences are far different. As explained to me by an IRS senior staff person, in the midst of his own immigration process, filing as unmarried when married could cause him to be terminated from his job, as compared to (as HE said) their being no consequence at all to Joe Public, who later amends their return. The consequence for Joe Public NOT amending the return, is an overpayment of tax.

[novedsac 355]

Remember that before the IRS gets around to making an issue of filing status, it will have been corrected with an amended return. All the same filing rules apply to IRS employees and the general public but the consequences are far different. As explained to me by an IRS senior staff person, in the midst of his own immigration process, filing as unmarried when married could cause him to be terminated from his job, as compared to (as HE said) their being no consequence at all to Joe Public, who later amends their return. The consequence for Joe Public NOT amending the return, is an overpayment of tax.

But it is still wrong to lie, regardless of the consequences.

But then again, some people were just brought up differently. To some, the end justifies the means to get there.

[christeen 966]

To summarize... Filing single was incorrect (as the OP indicated they were aware of this) but this error will not likely have any effect on his immigration process or IRS situation... It is a common mistake and many tax preparers are unaware of immigrant situations. The OP should file an amended return when the spouse arrives.

[abg 25]

Technically, you lied on an official government form.

Where you sign, it clearly says that under penalty of perjury you are providing truthful statements in the tax return. Claiming single when you are married and don't meet the IRS rules for 'unmarried' is not a truthful statement. (yes, there are situtations where you may meet the IRS definition of 'unmarried' which allows you to lawfully claim single even though you are still married)

I've never seen IRS go after someone solely for this kind of mispresentation, but I have seen it lumped in with a list of more egregious misrepresentations. Once IRS makes the decision to go after a taxpayer, they are going to lump in everything they can from the trivial to the outrageous.

Also, IRS employees follow the same rules and suffer the same consequences as everyone else when filing federal tax returns.

IRS never goes after you for paying more taxes than you owe.

[hisempress2013 1]

I was just wondering if I was gona be penalized for doing so because the guy who did my taxes told me that's how I should file.. I'm young and this is all still very new to me.. Lol, but from now on I won't be filing as single

wether my husband lives in the US or not..

jamaica beauty my husband is from Jamaica and i also filed single my tax preparer also told me the same thing but it's to late to amend it his interview July 8th so everything already at the consulate in Kingston

[EmpressJA 11]

jamaica beauty my husband is from Jamaica and i also filed single my tax preparer also told me the same thing but it's to late to amend it his interview July 8th so everything already at the consulate in Kingston

Most people say it doesn't guarantee a denial and that it's not that big of a deal as long as you don't continuously file as single while married but I haven't even gotten my NOA2 yet so I went ahead and amended mines.. Let me know how the interview goes and what kinds of questions he was asked.. And GOODLUCK to your hubby, I pray he gets approved..

[hisempress2013 1]

Ok thanks a lot