Is this going to be a problem? IRS 2010 filed single but married...

[Alex B 9]

File an amended return. You had two choices: File jointly, or file separately, but you must file as married if you were married on the last day of the tax period.

Completely wrong! Take a look at the IRS website: http://www.irs.gov/ita/article/0,,id=219892,00.html

In my case I am perfectly allowed to file head of household and I've got about $1500 reasons why!

Alex.

[I AM NOT THAT GUY 5,715]

Completely wrong! Take a look at the IRS website: http://www.irs.gov/ita/article/0,,id=219892,00.html

In my case I am perfectly allowed to file head of household and I've got about $1500 reasons why!

Alex.

If you are married, you cannot file as unmarried head of household.

[Alex B 9]

I don't think it really should be a question of whether it turned out fine for some or not. I'm a tax analyst and can say that if you are married you should be filing as married. You can choose to file separately or jointly, but you should be filing as married. Requesting an ITIN is very simple and only delays your federal return by a couple of weeks. Well worth the hassle to comply with the law!

If you are a tax analyst you should read IRS pub 519. It could be useful for your job.

To quote:

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

Please check your facts before posting erroneous information.

If you are married, you cannot file as unmarried head of household.

Read IRS publication 519, then and only then consider the bad advice that you are giving people.

Edited July 13, 2011 by Alex B

[I AM NOT THAT GUY 5,715]

I see an audit in your future.

[Alex B 9]

I see an audit in your future.

You see. You didn't read the publication and yet you continue to offer bad advice. Go read then come back. Not until.

[Done--Really 331]

Well, like I said earlier too many perfectly good electrons wasted on this subject where everyone thinks they are an expert.

File now. Amend later. No muss, no fuss--why do so many people who have no clue hold themselves out as experts !!!

One thing for sure--all the emotion and bad information will pour out again the very next time someone asks for help

[kali1229 6]

This has actually been very helpful. I had no idea I could an amended return once my husband was here with SSN. I've been married for 3 years and have filed single every year.

[Alex B 9]

This has actually been very helpful. I had no idea I could an amended return once my husband was here with SSN. I've been married for 3 years and have filed single every year.

Once your husband was here you then need to file one one of the married status. If he was here not on a green card then you need to look at the residency rules in pub 519 and you can use any tax treaties. Once anyone gets a green card they are then considered a resident (I think it's because you have the privilege of residing in the US if you choose). If you leave on your GC but get the permission to leave for the 2 years you are a resident during those 2 years. You also cannot claim any tax treaty benefits. And obviously once you're a citizen you are classed as a resident and no tax treaty will protect you.

Usually it's to your best interest to treat your overseas spouse as a resident, especially if they don't make too much money. From what my CPA said, the problem is when you add your incomes together for the joint return and it bumps you into a higher tax bracket, or worse, triggers AMT. You can still take off the foreign income but you don't get to turn off AMT.

[starsinsky 1]

Dont worry, You will be fine. I filed my tax as single last year too , and I got married last year. I had talked to my account about it, he told me that because my husband is not here yet, and he doesnt have a SSN. So I had to file 2010 tax as single until my hubby is here.