Filing tax return as single this year is spouse live outside USA

[CarlosAndSveta 808]

I am like Gary in that this topic has been beat up. I have posted the regulations and, standing firm to the last time I posted it, I won't post it again. If you care to know it, find it in my posts since this subject has gotten so old and boring.

Yes, this topic has been beat up in several threads but as long as people keep posting that it is ok to file as Single when you are married then I will keep posting that that is not correct until somebody shows me a Internal Revenue Code section or Internal Revenue Regulation that says otherwise.

[Scott and Mhay 57]

the only way that a married person with a non-resident spouse can file other than married is head of household, obviously if they qualify. It is on page 22 top right corner under the heading nonresident alien spouse in publication 17. There is no option that I have found that says you can file single when married to a nonresident alien spouse.

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

[pushbrk 12,092]

Yes, this topic has been beat up in several threads but as long as people keep posting that it is ok to file as Single when you are married then I will keep posting that that is not correct until somebody shows me a Internal Revenue Code section or Internal Revenue Regulation that says otherwise.

I did it and know others who have done it. So, rest assured, you "can" file as single and then later amend the return. You "CAN" even if you can't find a regulation that specifically says it's OK. One person I KNOW who is doing exactly that right now is an International Specialist in the Appeals department of the IRS. Take it to the bank. It's OK.

[DanTes 21]

http://www.irs.gov/individuals/article/0,,id=120580,00.html

Check out this link

[krisca 0]

you're spouse doesn't have to be in the US to get an ITIN, my husband will be filing my ITIN # tomorrow. I scanned my passport and sent it to my husband's email. you shouldn't file single if you are married. it'll take 3 months for ITIN, goodluck!

[EAbbas 213]

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.

Straight from the head of household section on the irs.gov website....

if you have a non resident spouse that hasn't lived with you he can't be claimed as one of the qualifying persons to be able to file this way ...you MUST have other dependents in the house to claim this and each criteria must be met but this is DIRECTLY from IRS.GOV website

[pushbrk 12,092]

you're spouse doesn't have to be in the US to get an ITIN, my husband will be filing my ITIN # tomorrow. I scanned my passport and sent it to my husband's email. you shouldn't file single if you are married. it'll take 3 months for ITIN, goodluck!

A scan of the passport will not be sufficient to obtain an ITIN. You'll be disappointed.

[krisca 0]

A scan of the passport will not be sufficient to obtain an ITIN. You'll be disappointed.

oh darn, we'll know tomorrow. that's all my husband asked from me, anyway my husband has all my documents. Marriage contract etc. the scanned passports was all i sent from here in the Philippines, he's got everything i'm sure.

[Val and Gary 29]

oh darn, we'll know tomorrow. that's all my husband asked from me, anyway my husband has all my documents. Marriage contract etc. the scanned passports was all i sent from here in the Philippines, he's got everything i'm sure.

If it is a copy, the passport has to be notarised and apostilled. I am not sure if the Philipines are part of the Hague Convention, so the original passport may have to be supplied.

http://en.wikipedia.org/wiki/Apostille_convention

[CarlosAndSveta 808]

I did it and know others who have done it. So, rest assured, you "can" file as single and then later amend the return. You "CAN" even if you can't find a regulation that specifically says it's OK. One person I KNOW who is doing exactly that right now is an International Specialist in the Appeals department of the IRS. Take it to the bank. It's OK.

Just because you did it and the IRS didn't say anything about it doesn't mean that it is correct. There are many people each year that don't file a tax return and get away with it. It doesn't mean that it is correct. I hope your friend in the Appeals Division does file Single when he is actually married. I will be laughing my butt off when I read about him losing his job when TIGTA gets a hold of him. Take it to the Bank it is not correct.

[CrossBorder 0]

Just because you did it and the IRS didn't say anything about it doesn't mean that it is correct. There are many people each year that don't file a tax return and get away with it. It doesn't mean that it is correct. I hope your friend in the Appeals Division does file Single when he is actually married. I will be laughing my butt off when I read about him losing his job when TIGTA gets a hold of him. Take it to the Bank it is not correct.

Agreed, if you are married as of 12/31, you can not file Single. It is clearly stated in the Form 1040 instructions.

I am a US CPA, and a manager in a Big 4 accounting firm specializing in Expat taxation. If I filed Single for my married clients, I would be looking for a new job.

Thanks,

Mark

Cross Border Marriage

[Val and Gary 29]

Agreed, if you are married as of 12/31, you can not file Single. It is clearly stated in the Form 1040 instructions.

I am a US CPA, and a manager in a Big 4 accounting firm specializing in Expat taxation. If I filed Single for my married clients, I would be looking for a new job.

Thanks,

Mark

Cross Border Marriage

Thank you. Let us hope that your post now puts this discussion to bed.

[Scott and Mhay 57]

If it is a copy, the passport has to be notarised and apostilled. I am not sure if the Philipines are part of the Hague Convention, so the original passport may have to be supplied.

http://en.wikipedia.org/wiki/Apostille_convention

Philippines is not part of the Hauge Convention. That is why I had such an issue on what 2 do last year. That is why I have been telling everyone 2 go 2 the DFA to get the appostle from there. I have read where people just sent a photocopy and nothing was said, but I know that is not right according to the W-7 instructions.

[pushbrk 12,092]

Just because you did it and the IRS didn't say anything about it doesn't mean that it is correct. There are many people each year that don't file a tax return and get away with it. It doesn't mean that it is correct. I hope your friend in the Appeals Division does file Single when he is actually married. I will be laughing my butt off when I read about him losing his job when TIGTA gets a hold of him. Take it to the Bank it is not correct.

I have not argument with whether it's correct or not. I'm saying there's no penalty for doing it and then later amending the return. I've never heard of the IRS prosecuting, punishing of otherwise pursuing those who pay more than their required share of taxes. Have you?

[ryna 132]

Not that I've investigated the finer details of this discussion but, today while looking at Form W-4 (because I just got married and was going to change my withholding), the choices are Single, Married and Married, but withhold at the higher single rate with a note that states:

If married, but legally separated, or spouse is a nonresident alien, check the "Single" box.

Now, what I have to decide is what I do because my spouse is still pre-AOS K-1 and not a legal resident but living here nonetheless and will be here from here on out..

Of course, I'm always safe leaving it Single as it means they keep more of my money in the meantime.

Edited February 7, 2011 by ryna