Income tax return issues...urgent advice needed plz

[Faycel and Renee 30]

First of all for her to file taxes and be mad at you cause she didnt get what she thought she would get is wrong on all levels.

As far as filing she should have filed as head of household whether or not you are there, just cause she is married you are not here and she has the kids to claim.

When I was married to my first husband I met the requirements of HEAD OF HOUSEHOLD seeing that my husband had not lived with me the last 6 months of the year. I claimed my son and got back what I was entitled to.

Now I have remarried and I have changed my status at work (which gave me a raise in my paychecks) and I think this year I will see what is in our best interest and what brings us the most money - file single or jointly.

This is a challenge for me seeing I do my taxes myself but I will figure it out. I wish you luck in this journey

Renee

[Nich-Nick 3,354]

Now I have remarried and I have changed my status at work (which gave me a raise in my paychecks) and I think this year I will see what is in our best interest and what brings us the most money - file single or jointly.

This is a challenge for me seeing I do my taxes myself but I will figure it out. I wish you luck in this journey

Renee

If you are married, you can't be single on your tax return.

[MrsBeaver 21]

Umm you can file HOH, my Accountant told me this. My last named changed and ever document is in my new last name. But if you look at your W4 it states you can't file married on that form unless your spouse is here. I tried to do that I couldn't. So filing HOH is not wrong..you can adjust the return once he/she us here. There is hold topic on thus in the NVC section. ..

[ammali 7]

If you are married, you can't be single on your tax return.

Nick: What will happen if one file as single? are they going to be penalized? on the W-4 form it does states: Note. If married, but legally separated, or spouse is a nonresident alien, check the “Single” box.

Correct me if I'm wrong but this what I have found on IRS website:

Joint Return After Separate Returns

You can change your filing status from a separate return to a joint return by filing an amended return using Form 1040X.

You generally can change to a joint return any time within 3 years from the due date of the separate return or returns. This does not include any extensions. A separate return includes a return filed by you or your spouse claiming married filing separately, single, or head of household filing status.

I understand if you are married yes you are married, but the US Government does not recognize the marriage yet (specially when one still going through immigration process, and the marriage still not recognize by the Social Security Administration or IRS or even State) I called my State and they told me if there is no SSN we might not accept your State Return or we might put you down as Single depend on how they will look at my case categorize it with no SSN. I called my accountant and he said your filing status is Single.

So my point is if yes you are married but marriage is not recognize in US with no SSN or ITIN (and one does not want to go through all the sign forms and statements to get his NRA ITIN with all of the non needed hassles) and I have not heard anyone being penalized for filing Single, yet I heard stories some people have amended their filing status from Single to MFJ when their spouses are here with SSN. and I heard stories: If you are married, you can't be single on your tax return.

It's complicated, and I'm confused specially when reading all kind of different threads, stories, IRS websites, googles, etc,...

Thank you

[Nich-Nick 3,354]

I'll try to answer your questions as best I can.

What you put on the W4 doesn't matter. It is only to help estimate how much your employer will hold out of your paycheck toward taxes. It is not filing a tax return. It is just a tool to get your paycheck where you have enough taken out so you won't owe a lot at the end. So take the W4 out of this discussion because it doesn't matter.

Changing your return. Yes you can amend a return later and change your filing status. But a married person would file MARRIED Filing Separately, then amend their return to Married Filimg Jointly.

I am only telling you that the IRS says if you are married on Dec 31, 2014 it is a tax law that you can not choose single as your filing status. If you want to follow the law, then don't choose single. Will they catch you? Probably not. People cheat on their taxes all the time. The IRS can't hunt down and audit every taxpayer. But I can not advise you on this forum to break the law under the terms of service of Visa Journey.

Your comments about the US government not recognizing your marriage yet are not right. They recognize it for the purpose of petitioning a spouse, don't they. It doesn't mean they will let your spouse live here without going through immigration. They won't issue a SSN, but that is an immigration issue. Nothing to do with taxes and tax law.

Tax software is not programmed to a sophisticated level to allow NRA to be filled in where required or maybe to clear the return for an efile. But you can certainly prepare a return as Married Filing Separately, put NRA for spouse SSN, print it out, put it in an envelope and mail it to the IRS. It is in the IRS instructions to use NRA. That isn't something forum people made up. I will try to find the reference and post for you after I submit this comment.

Yes it is confusing because by marrying a foreigner who still lives abroad you fall into a small minority that doesn't fit the average US tax payer. And unless you use a specialized tax accountant who does those types of returns, then you may be getting info from somebody who has never encountered a case like yours and hasn't studied the details on the subject. And many people on forums don't know much about taxes either and haven't read the long publications printed by the IRS. So they guess what seems right to them. So there you go...who can you believe? I always read the IRS publications and instructions over and over and over. Then when I have doubt, I call the IRS on the phone and get bumped up to the highest, most specialized department I can to discuss my exact situation. I have called them many, many times. You should do that too.

[ammali 7]

I'll try to answer your questions as best I can.

Thank you very much, I appreciate your time and answer.

[Nich-Nick 3,354]

Thank you very much, I appreciate your time and answer.

The reference to NRA

Publication 17 http://www.irs.gov/pub/irs-pdf/p17.pdf

See page 22 as noted on the bottom of the page. (Adobe Reader will call it page 24 of 288 because the first two pages of it don't have page numbers.) It's in the middle column in the paragraph just above the heading Special Rules.

"Enter your spouse's full name and SSN or ITIN in the spaces provided. If your spouse does not have and is not required to have an SSN or ITIN, enter NRA in the space for your spouse's SSN."

Forgot to say-- if you have kids, you probably qualify to file as Head of Household. That is generally what a single Mom might use. But because your husband does not live with you look at the qualifications in the third column of page 23.

Edited February 15, 2015 by Nich-Nick

[ammali 7]

The reference to NRA

Publication 17 http://www.irs.gov/pub/irs-pdf/p17.pdf

See page 22 as noted on the bottom of the page. (Adobe Reader will call it page 24 of 288 because the first two pages of it don't have page numbers.) It's in the middle column in the paragraph just above the heading Special Rules.

"Enter your spouse's full name and SSN or ITIN in the spaces provided. If your spouse does not have and is not required to have an SSN or ITIN, enter NRA in the space for your spouse's SSN."

Forgot to say-- if you have kids, you probably qualify to file as Head of Household. That is generally what a single Mom might use. But because your husband does not live with you look at the qualifications in the third column of page 23.

Yes I actually found it on 1040 instructions, thank you for sharing the link too, very helpful, I'm going with married filing separately, do I have to mail in? do you know how long it will take to process? Thanks a lot NichNick, I appreciate it.

[Nich-Nick 3,354]

Yes I actually found it on 1040 instructions, thank you for sharing the link too, very helpful, I'm going with married filing separately, do I have to mail in? do you know how long it will take to process? Thanks a lot NichNick, I appreciate it.

I don't know how you are doing your taxes. Paid preparer? TurboTax? Online? Bought a desktop version? It would depend on the software and if it will accept NRA as a valid entry and allow an efile. I haven't tried any so can't say. You know it's valid, but did the programmer think of that?

How Long?

I know If you are getting a refund, putting your bank account for a direct deposit is supposed to be faster than asking for a check. And if you file in February, it should be faster than waiting until the last week before the deadline .

Save a copy and mail to the correct address. .

[franklinadamau 8]

I don't know how you are doing your taxes. Paid preparer? TurboTax? Online? Bought a desktop version? It would depend on the software and if it will accept NRA as a valid entry and allow an efile. I haven't tried any so can't say. You know it's valid, but did the programmer think of that?

How Long?

I know If you are getting a refund, putting your bank account for a direct deposit is supposed to be faster than asking for a check. And if you file in February, it should be faster than waiting until the last week before the deadline .

Save a copy and mail to the correct address. .

Behold.. The new agent my wife went to meet insist she has to file as SINGLE.

So frustrating

I've seen a new agent that knows about the NRA stuff but she's asking for $350 as her fees

[Nich-Nick 3,354]

Behold.. The new agent my wife went to meet insist she has to file as SINGLE.

So frustrating

I've seen a new agent that knows about the NRA stuff but she's asking for $350 as her fees

Ouch. Expensive. I have always done my own, even before software, so have no clue what people charge. Maybe you can just educate the cheaper one by printing out that page and highlighting the sentence.

[ammali 7]

I don't know how you are doing your taxes. Paid preparer? TurboTax? Online? Bought a desktop version? It would depend on the software and if it will accept NRA as a valid entry and allow an efile. I haven't tried any so can't say. You know it's valid, but did the programmer think of that?

How Long?

I know If you are getting a refund, putting your bank account for a direct deposit is supposed to be faster than asking for a check. And if you file in February, it should be faster than waiting until the last week before the deadline .

Save a copy and mail to the correct address. .

I used TaxAct online, and I just finished e-file my taxes as married filing separately, and it has been accepted by the IRS - So you can e-file your taxes with NRA written in the SSN field - I will have to paper mail in my State tax though, since the State reject e-filing without SSN of NRA spouse.

Thank you all for your help.

[sbai2000 31]

Hey Franklin -

my husband is not in the US either and I filed married filing jointly. (but he does have a SSN).

Once you are married, you are married! I don't know why anyone would be married and want to file single because the tax rate is better when you file as married.

if you are single with dependents then you are Head of Household. A married person cannot file as Head of Household....even if they have a non-working, dependent spouse....in such as case they would simply file as married filing jointly.

if you are married but you are not including your spouse on your tax return, then you are should file married filing separately.

best of luck!

[Zedayn 485]

A married person cannot file as Head of Household....even if they have a non-working, dependent spouse....in such as case they would simply file as married filing jointly.

This is not true. A married person CAN file head of household in certain situations:

• you are married but lived apart for the last 6 months of the tax year OR
• you are married to a non-resident alien.

In order to claim head of household, you need to have eligible dependents such as a child. A spouse is never considered as a dependent.

So if you are married with dependents you CAN file head of household.

Reference 1040 instructions page 13: http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

[cocolucho 35]

Ouch. Expensive. I have always done my own, even before software, so have no clue what people charge. Maybe you can just educate the cheaper one by printing out that page and highlighting the sentence.

Good advise :-)

Behold.. The new agent my wife went to meet insist she has to file as SINGLE.

So frustrating

I've seen a new agent that knows about the NRA stuff but she's asking for $350 as her fees

I am so sorry, they are just trying to charge you for every document they have to print to do the tax return. Filing is not too dificult, I eventually ended up doing the filing myself for married filing separtely as the agent was also trying to charge me over $300. After reading and educating myself how to do it, it was very simple. As many others have said here, you can not electronic file, you have to submit a hard copy. Maybe follow the advise above from NIch-Nick and if your wife can not do it herself, tell the cheaper agent to do it for her and file married filing separately and filing NRA where your SSN should go since you do not have one now. She wont be able to claim you, neither you don't have to sign anything, just your wife needs to sign the return as it is stated on the signature area. Once you arrive in the country and obtain a SSN you can re-file your return together. Good luck to you both!