Income Taxes

[Helen&Dougie 0]

A topic on taxes caught my eye and I read through it. We married Dec 16, 2006, I filed my 2006 taxes as I always have, head of household and claimed only my children as dependants. Did I do this wrong? I figured since he wasn't in the US (and still is not), and has never worked in the US, and didn't have a tax identification number or social security number I filed as I always do. I went by the information on the W4 I do at work that states if you are married to a foreign spouse who resides out side the U.S. file (on the W4 as Single, Head of Household) I read all this other stuff on how I'm supposed to file married filing jointly or married filing seperate. And I am supposed to pay taxes on his income, when I don't even use his income? How am I supposed to identify him when he doesn't live here, has no US documentation, no SSN, no tax id number, nothing. Am I gonna be in trouble for filing last years taxes as head of household? How am I supposed to file this years taxes? Is this gonna mess up our visa application? I dont understand all this tax stuff, he has never been here on a visa, just the VWP. I really don't know what I am supposed to do and after reading everything it really has me worried.

Can anyone help me with this please?

Helen

[CarlosAndSveta 808]

A topic on taxes caught my eye and I read through it. We married Dec 16, 2006, I filed my 2006 taxes as I always have, head of household and claimed only my children as dependants. Did I do this wrong? I figured since he wasn't in the US (and still is not), and has never worked in the US, and didn't have a tax identification number or social security number I filed as I always do. I went by the information on the W4 I do at work that states if you are married to a foreign spouse who resides out side the U.S. file (on the W4 as Single, Head of Household) I read all this other stuff on how I'm supposed to file married filing jointly or married filing seperate. And I am supposed to pay taxes on his income, when I don't even use his income? How am I supposed to identify him when he doesn't live here, has no US documentation, no SSN, no tax id number, nothing. Am I gonna be in trouble for filing last years taxes as head of household? How am I supposed to file this years taxes? Is this gonna mess up our visa application? I dont understand all this tax stuff, he has never been here on a visa, just the VWP. I really don't know what I am supposed to do and after reading everything it really has me worried.

Can anyone help me with this please?

Helen

Your filing status on your 2006 Income Tax return is correct. Internal Revenue Code Section 2 talks about Definitions and special rules. Section 2(b) talks about the definition of Head of Household filing status. Under Section 2(b)(2)( C ) it states that for purposes of determining Head of Household filing status a taxpayer shall be considered as not married at the close of his taxable year if at any time during the taxable year his spouse is a nonresident alien. Your spouse was a nonresident alien during 2006 and therefore you qualify as Head of Household.

Edited January 7, 2008 by CarlosAndSveta

[Helen&Dougie 0]

Your filing status on your 2006 Income Tax return is correct. Internal Revenue Code Section 2 talks about Definitions and special rules. Section 2(B) talks about the definition of Head of Household filing status. Under Section 2(B)(2)( C ) it states that for purposes of determining Head of Household filing status a taxpayer shall be considered as not married at the close of his taxable year if at any time during the taxable year his spouse is a nonresident alien. Your spouse was a nonresident alien during 2006 and therefore you qualify as Head of Household.

So I can file my 2007 Income Tax return as Head of Household as well? My husband still lives in England, and has all throughout 2007. That was a big relief reading that, thank you so much.

[ctygl 0]

Since he does not live in the US, and is not a citizen or resident, yes you can file head of household. However, you do have the option of file Married Filing Jointly. Married Filing Jointly has higher deduction. You would have to file for a ITIN number for your husband. However, with the ITIN number, you would not be eligble for Earned income credit. So, I would suggest completing your form both ways and see what yields a better refund.

[Alt name 1]

I have the same issue this year, and spoke with an IRS specialist.

I have the choice of claiming MFJ, MFS, or HOH (children, not wife) as my wife has not arrived in the states.

Regards,

David and Nitadyah

[Dogwood_Poet 16]

One thing to consider, if you get your spouse an ITIN and file your taxes, you may not be able to cash your refund check until your spouse is here.

I tried to do electronic deposit for our refund and our bank rejected it because my wife's name was not on the account and they would not cash the paper check until she was here in person to show proof I was not trying to steal her money!

Your bank may not do that but my big, huge US bank did that, so I had a large check I had to keep in the safe for six months.

[CarlosAndSveta 808]

I have the same issue this year, and spoke with an IRS specialist.

I have the choice of claiming MFJ, MFS, or HOH (children, not wife) as my wife has not arrived in the states.

Regards,

David and Nitadyah

She can file as MFJ but MFS can complicate matters since Texas is a community property state. If she were to file MFS she would have to take into consideration her husbands earnings in preparing her separate return. She would have to combine her and her husbands income and then divide it in half. The simplest thing for her to do is file as Head of Household.