Filling taxes problem before aos interview

[danko 0]

hello there . I'm kind of in a big problem and not sure what to do. my wife filled 2015 taxes as head oh house hold.

I want or fill my taxes as well since I got my ead during 2015. CPA of my wife say she should not amend back and I should file as single for not ruin her refund. I don't know what to do for the interview. I was thinking about asking for extension for filling my taxes and try to solve the issue after the interview. she is afraid to amend due to her father bad experience after amending with irs before. What should I do? how it will effect her if I will fill mfs? Thx a lot.

[newacct 688]

If you were married as of Dec 31, 2015, you cannot file as Single under any circumstances. You can only file as Married Filing Separately if your wife doesn't want to amend her taxes.

Also, if she was married as of Dec 31, 2015, she should not have been able to file as Head of Household unless 1) she was not living with you for the last 6 months of 2015, or 2) you were a nonresident alien for tax purposes (i.e. you weren't present in the US for 183 days in the year). It doesn't seem like either of these was the case. I don't know what this CPA was thinking.

Edited March 25, 2016 by newacct

[danko 0]

If you were married as of Dec 31, 2015, you cannot file as Single under any circumstances. You can only file as Married Filing Separately if your wife doesn't want to amend her taxes.

Also, if she was married as of Dec 31, 2015, she should not have been able to file as Head of Household unless 1) she was not living with you for the last 6 months of 2015, or 2) you were a nonresident alien for tax purposes (i.e. you weren't present in the US for 183 days in the year). It doesn't seem like either of these was the case. I don't know what this CPA was thinking.

Thx for answer. But if I do file mfs, it can make problems for her? That's not my purpose.

[MariaR323 199]

Either way it sounds like the problem will come out sooner or later... either with IRS or with Immigration.

Your wife, unless she had a dependent to otherwise qualify her, should not have filed as HOH. The recommendation of this so-called CPA for you to file as Single is even worse.

If you are required to file a tax return, you can either file as Married Filing Separately or Married Filing Jointly. If your wife won't Amend her return, either way you file will create a "flag" in the IRS system on both yours and hers tax return.

[danko 0]

Either way it sounds like the problem will come out sooner or later... either with IRS or with Immigration.

Your wife, unless she had a dependent to otherwise qualify her, should not have filed as HOH. The recommendation of this so-called CPA for you to file as Single is even worse.

If you are required to file a tax return, you can either file as Married Filing Separately or Married Filing Jointly. If your wife won't Amend her return, either way you file will create a "flag" in the IRS system on both yours and hers tax return.

She has a son living with us. if I will do mfs it won't sure the irs will be on her right? And maybe later on we will be able to explain her CPA was wrong but at least I will check my status correct.

[MariaR323 199]

Her filing HOH while being married is basically saying you both lived apart from each other in the last 6 mos. of the year. IRS may or may not flag her for review, it's a risk she'll have to take.

[danko 0]

any more advices and opinions? I was thinking ask for extension and bring this with me to interview and maybe just after that to file mfs, or should I fill mfs before interview?(might cause me problem with my wife)

[Nich-Nick 3,354]

any more advices and opinions? I was thinking ask for extension and bring this with me to interview and maybe just after that to file mfs, or should I fill mfs before interview?(might cause me problem with my wife)

My advice which wasn't previously discussed. You said:

I want or fill my taxes as well since I got my ead during 2015.

Did you actually earn money at a job in the US in 2015? Having EAD does not mean you file an income tax return for yourself. You had to have an INCOME first before you get charged an income tax.

I think this discussion turned to your wife filed her taxes with the wrong filing status. I agree, hers is wrong because she doesn't qualify as HOH with a husband living in her home. Maybe she did that status before but when she married and you moved In, she lost that status which is mainly for single moms.

You are still wanting to file something for yourself. That is your real question. Right? Did you earn any money in the US in 2015?

[danko 0]

My advice which wasn't previously discussed. You said:

I want or fill my taxes as well since I got my ead during 2015.

Did you actually earn money at a job in the US in 2015? Having EAD does not mean you file an income tax return for yourself. You had to have an INCOME first before you get charged an income tax.

I think this discussion turned to your wife filed her taxes with the wrong filing status. I agree, hers is wrong because she doesn't qualify as HOH with a husband living in her home. Maybe she did that status before but when she married and you moved In, she lost that status which is mainly for single moms.

You are still wanting to file something for yourself. That is your real question. Right? Did you earn any money in the US in 2015?

I did earn. I think if irs might ask her in the future she can say I didn't live with here 6 months? But her income is really low do u think they will even care?

[Nich-Nick 3,354]

I did earn. I think if irs might ask her in the future she can say I didn't live with here 6 months? But her income is really low do u think they will even care?

If you earned US money during 2015, then you can file a Married Filing Separate return since she already filed. You can't file Joint because she already has filed separately for herself.

Why didn't the accountant do your taxes as well since you had income and got a W2?

[MariaR323 199]

If her income is really low, she might have qualified for the Earned Income Tax Credit which is a huge refundable credit... and yes, IRS will mind especially in those situations. That's like "free money".

[danko 0]

she has her business and same CPA for years she met him told him she is marry now and that's what this ### hold did. I was sure she filed mfs till We checked to make sure

[danko 0]

Should I file extension? how this procedure works? when they have more chance to be on her, if I actually file in the regular time or actually if I file late then they might check who is my spouse since filing mfs

[MariaR323 199]

Either way, when you file MFS you do have to list your spouse`s name and SSN on the return. They will check her return no matter what for the filing status used.

[danko 0]

Either way, when you file MFS you do have to list your spouse`s name and SSN on the return. They will check her return no matter what for the filing status used.

i understood u don't must to. R u sure?