oh yeah!!!!!!!!! Another Tax Question

[Baileyj96 0]

Well I spent 1 1/2 hours on the phone to the IRS yesterday. I was told that I could file head of household since my husband doesn't meet the physical presence or the greencard test. He also checked and said he saw no reason I could not claim him as a deduction while filing as head of household.

Just wondering if anyone has filed this way? If so did they run into any problems

thanks,

Vicky

[payxibka 10,045]

Well I spent 1 1/2 hours on the phone to the IRS yesterday. I was told that I could file head of household since my husband doesn't meet the physical presence or the greencard test. He also checked and said he saw no reason I could not claim him as a deduction while filing as head of household.

Just wondering if anyone has filed this way? If so did they run into any problems

thanks,

Vicky

You will file Head of Household, if you do not want to claim your spouses worldwide income as US based income or you can opt for a special election to file Married Filing Joint, if you claim all worldwide income as US based income.

[Baileyj96 0]

Well I spent 1 1/2 hours on the phone to the IRS yesterday. I was told that I could file head of household since my husband doesn't meet the physical presence or the greencard test. He also checked and said he saw no reason I could not claim him as a deduction while filing as head of household.

Just wondering if anyone has filed this way? If so did they run into any problems

thanks,

Vicky

You will file Head of Household, if you do not want to claim your spouses worldwide income as US based income or you can opt for a special election to file Married Filing Joint, if you claim all worldwide income as US based income.

Yeah I know that part of it. I was just trying to find out if anyone had trouble filing head of household and using their husband as a deduction. It's not usually allowed if filing head of household but the IRS person said he saw no reason that I couldn't.

thanks,

Vicky

[Heartland 0]

I thought that you had to support that person for more then 6 months out of the year and they live with you durring that time to consider them a deduction?????

wendy

Well I spent 1 1/2 hours on the phone to the IRS yesterday. I was told that I could file head of household since my husband doesn't meet the physical presence or the greencard test. He also checked and said he saw no reason I could not claim him as a deduction while filing as head of household.

Just wondering if anyone has filed this way? If so did they run into any problems

thanks,

Vicky

You will file Head of Household, if you do not want to claim your spouses worldwide income as US based income or you can opt for a special election to file Married Filing Joint, if you claim all worldwide income as US based income.

Yeah I know that part of it. I was just trying to find out if anyone had trouble filing head of household and using their husband as a deduction. It's not usually allowed if filing head of household but the IRS person said he saw no reason that I couldn't.

thanks,

Vicky

[Baileyj96 0]

Yeah I have my doubts about what I was told also. Even though I was talking to someone at the IRS, what he said just doesn't seem correct. I think I will just leave this one alone and go on to something else. I'm starting to think the IRS information line is related to the USCIS mis-information line.

Thanks,

Baileyj96

[Yodrak 7]

Vicky,

Check with a tax professional. One who has experience with situations such as yours.

The advice you got about getting a deduction for your husband just doesn't sound right, and if you follow the advice and it's wrong the fact that an IRS person gave you the advice does not shield you from paying the consequences.

Yodrak

Well I spent 1 1/2 hours on the phone to the IRS yesterday. I was told that I could file head of household since my husband doesn't meet the physical presence or the greencard test. He also checked and said he saw no reason I could not claim him as a deduction while filing as head of household.

Just wondering if anyone has filed this way? If so did they run into any problems

thanks,

Vicky

[payxibka 10,045]

In order to file Head of Household you must be unmarried or considered unmarried (ie...spouse did not live with you for last 6 mos. of the year). It is contrary to basic definition that if you are unmarried or considered unmarried that you could claim your husband as a dependant. Read IRS Publication 501

[timelena 0]

Vicky,

I see you married on 12/22/06, which means you were married on the last day of the year. You can file Married Filing Jointly and cannot file as a Head of Household.

Good luck!

http://www.irs.gov/publications/p501/ar02.html#d0e1296

Filing status.

Your filing status generally depends on whether you are single or married. In some cases, it depends on other factors as well. Whether you are single or married is determined as of the last day of your tax year, which is December 31 for most taxpayers. Filing status is discussed in detail later in this publication.

...

Married persons.

If you are considered married for the whole year, you and your spouse can file a joint return, or you can file separate returns.

Considered married.

You are considered married for the whole year if on the last day of your tax year you and your spouse meet any one of the following tests.

- You are married and living together as husband and wife.

...

Nonresident alien or dual-status alien.

A joint return generally cannot be filed if either spouse is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual-status alien who was married to a U.S. citizen or resident alien at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year. See chapter 1 of Publication 519.

[zyggy 9]

If you have a qualifying dependent, yes, if your husband is a non-resident alien and resided outside of the US for the entire tax year, per Pub 501, you can file as head of household.

From Publication 17

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

However, why would you want to. As long as your husband does not make more than $84,000 per year in foreign income, it would be more advantageous to opt to have your husband treated as a resident alien for the tax year, exclude his foreign income by filing a Form 2555 and file as married filing joint with a W-7 to the International Tax Service Office in Philadelphia...

Doing this by filing as married filing joint could resulte in reducing your tax burden by several thousand dollars that by filing as head of household...

Edited January 15, 2007 by zyggy

[Donna A 4]

i thought head of household is for unmarried with a child.

[zyggy 9]

i thought head of household is for unmarried with a child.

It is.. but the following exception is permitted per IRS Pub 17

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

[payxibka 10,045]

i thought head of household is for unmarried with a child.

It is.. but the following exception is permitted per IRS Pub 17

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

For a person who is married to a non-resident alien spouse who chooses to not recognize the spouses world wide income as US based income, would file Married Filing Seperate unless they meet the qualifying person test. If they do, then they can choose Head of Household, if it provides for a lower tax liability. Tax law has many special tests and exceptions.

[Baileyj96 0]

Yes you can file head of household being married if your spouse is a non resident alien. I have my doubts about using the husband as a deduction as I was instructed by an IRS employee.

I have recently discovered we are going to request my husband be treated as a resident alien and include his foreign income since he qualifies for the foreign earned income exclusion as a boni fied resident. His income would then be excluded and all we will owe tax on is my income. Gives us an extra $1,000 back.

thanks,

Baileyj

[payxibka 10,045]

Yes you can file head of household being married if your spouse is a non resident alien.

And you have another qualifying person.....

I have my doubts about using the husband as a deduction as I was instructed by an IRS employee.

As you should.....

[zyggy 9]

Yes you can file head of household being married if your spouse is a non resident alien.

And you have another qualifying person.....

I have my doubts about using the husband as a deduction as I was instructed by an IRS employee.

As you should.....

Part of the deal to be a qualifying individual in terms of whether one is a qualifying child or a qualifying realtive in terms of claiming them as a dependent is that they must be a US Citizen or resident alien... If you elect to treat your spouse as a non-resident alien, by the definition of a qualifying individual, you cannot claim them on your tax return...