Help taxes

[Maryland 13]

Hey all. I've asked this question before but no one answered and I'm very worried if someone can please answer. 

So it's tax season. I have 3 dependents my kids. I just got married last year. My husband lives in another country so he is considered a non-resident. I called IRS and I explain to them the situation they said that my status to file as head of household. So when I went to file my taxes at H&R Block but they said that I have to file married because Im married but if I did that I wouldn't qualify for the Earned Income Tax Credit I would actually owe the irs even though I'm claiming very little income. Doesn't make sense! I spoke to another tax professional she said I could file head of household and would get a very nice return. So I ended up doing my taxes  with her. However the H&R Block guy spoke to his head person of the company and told him about my situation and the guy said that I cannot file head of household. So after all of that I'm very worried will this affect my spouse's case? Sorry for the long essay. How have you any of you filed in my similar situation thank you all so much in advance.

[Ben&Zian 4,398]

Yes that should have been how you filed "Married". 

 

It sounds like honestly you didn't like the answer from one rep so you went to the other one... 

 

Trust me I know it sucks, I usually am border line owing money... and this year I owe money back (messed up W2 from my company) but already had gotten my return so now I get to send them a nice check soon to repay it....

[Jeanne Adil 1,651]

neither of them told you to send in a W7 with his birth certificate and your marriage certificate and apply for a ITIN for him so you could claim him?

i claimed Adil in the year we were married and the following 4 years till he came

ITIN is individual taxpayer ID number for those outside the US and not a citizen but can be used for our spouse

and you would file married

this helps and does not hurt your taxes or return 

without claiming him, u are head of the household

[MariaR323 199]

Advise from Ben&Zian is INCORRECT.

 

You can most certainly file as Head of Household (HOH) with your kids as dependents. (That is the qualifying factor to be able to file using HOH status.)

 

The other option is to submit an application for an ITIN for your husband in order to file MFJ and further reduce your tax and possible increase your refund. Albeit more complicated and a bit troublesome, but it can be more of a benefit money-wise.

 

But again, you can definitely file Head of Household.

 

Maria

[WOODHIKER 30]

Actually you can be married and still file as HOH if you are considered unmarried.

 

Considered Unmarried

 

To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.

1. You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.

2. You paid more than half the cost of keeping up your home for the tax year.

3. Your spouse didn't live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences , under Qualifying Person, later.

4. Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Home of qualifying person , under Qualifying Person, later, for rules applying to a child's birth, death, or temporary absence during the year.)

5. You must be able to claim an exemption for the child. However, you meet this test if you can’t claim the exemption only because the noncustodial parent can claim the child using the rules described in Children of divorced or separated parents (or parents who live apart) under Qualifying Child in chapter 3, or referred to in Support Test for Children of Divorced or Separated Parents (or Parents Who Live Apart) under Qualifying Relative in chapter 3. The general rules for claiming an exemption for a dependent are explained under Exemptions for Dependents in chapter 3.

https://www.irs.gov/publications/p17/ch02.html#en_US_2016_publink1000170797

 

You will have to determine whether you meet these requirements.

[WOODHIKER 30]

2 minutes ago, WOODHIKER said:

Actually you can be married and still file as HOH if you are considered unmarried.

 

Considered Unmarried

 

To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.

1. You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.

2. You paid more than half the cost of keeping up your home for the tax year.

3. Your spouse didn't live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences , under Qualifying Person, later.

4. Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Home of qualifying person , under Qualifying Person, later, for rules applying to a child's birth, death, or temporary absence during the year.)

5. You must be able to claim an exemption for the child. However, you meet this test if you can’t claim the exemption only because the noncustodial parent can claim the child using the rules described in Children of divorced or separated parents (or parents who live apart) under Qualifying Child in chapter 3, or referred to in Support Test for Children of Divorced or Separated Parents (or Parents Who Live Apart) under Qualifying Relative in chapter 3. The general rules for claiming an exemption for a dependent are explained under Exemptions for Dependents in chapter 3.

https://www.irs.gov/publications/p17/ch02.html#en_US_2016_publink1000170797

 

You will have to determine whether you meet these requirements.

Sorry forgot to add this:

 

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 don’t choose to treat your nonresident spouse as a resident alien. However, your spouse isn't 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.

 

[Maryland 13]

Thank you all so much! your answers have given me peace of mind! Best of luck to all

Edited March 4, 2017 by Maryland