HELP: I listed "single" on my Federal Tax Returns while Married

[The Mean Lady 604]

Here you go, figure it out yourself:

http://www.irs.gov/uac/What-is-My-Filing-Status%3F

[NigeriaorBust 4,087]

Once married the status of SINGLE is NOT an option. There are 3 options, MARRIED JOINTLY, MORRIED SEPARATED and SINGLE HEAD OF HOUSEHOLD. Those are the only valid choice. Yes it is a pain, yes it is difficult but SINGLE is not allowed. Those that said they were told to use SINGLE were ill advised and should seek a refund of the fees they paid and should file ammended returns ( or hope they don't get audited ) Choosing SINGLE because it is easier is not a legal option.

Edited December 30, 2012 by NigeriaorBust

[Mo1689 0]

The definitive answer is the answer that you want.

So, what answer do you want?

Apparently, there are answers that you NOT LIKE, but

what answer do you want ?

Let me clarify, it's not a matter of what I want, and I've never claimed anywhere that I did NOT LIKE a given approach. I'm simply recognizing that both of these approaches have been used with relative success, and I wanted to better understand which of the two was the more accurate one, since there is no consensus on either one.

[Mo1689 0]

Here you go, figure it out yourself:

http://www.irs.gov/uac/What-is-My-Filing-Status%3F

Thanks. Married filing separately seems to be the IRS-recommended way to go.

[Cathi 5,610]

Hi folks,

I'm really confused about this. I'm filing form I-864 AOS, and I filed as "Single" for the past few years Federal Tax returns. My rationale was that my spouse had never been to America, and thus did NOT have a Social Security Number NOR a Green Card, and so there was no way to include that information on the tax return.

Is this a huge problem? Can I include an explanation along with the letter as to why I did this?

If this is going to be a problem, what must I do to go about fixing it?

Thanks!

hmmmm I filed married filing separate...there is a way to include it.

Edited December 30, 2012 by mimolicious

[Mo1689 0]

hmmmm I filed married filing separate...there is a way to include it.

Did you have an ITIN for your spouse? Or did you list NRA in the SSN field?

[Cathi 5,610]

I was told to file single as well on my taxes. The fact is my spouse is not here and no social security number in his name. When I fill out W2 forms for employment, it does state on the form that if your spouse is an immigrant or if your married but the spouse is not in the United States, use "single" as your current status. I do not think you will get penalized for this. However, I would not want to put am married on something and have to explain. Because don't you have to put spouse name, social, and employer, and address. If your petitioning for him/her to come am thinking that will look bad. My opinion.

your opinion is incorrect, and whoever gave you this advice was ill informed. Married is married, doesn;t matter where they spouse lives. I would rather do things the correct way and explain it, then to do it wrong and have to go back later and try to fix something that was clearly wrong. You can file married filing separately...it's that simple.

[Cathi 5,610]

Did you have an ITIN for your spouse? Or did you list NRA in the SSN field?

My spouse had never been to the US he had nothing. In that spot my accountant wrote "NRA" for non-resident alien

[Cathi 5,610]

using 'NRA' on a tax form doesn't work anymore.

You can fix this..

file together: 1040Xs on each year, with ONE W-7 form.

it worked for us for 2011 with no issues whatsoever. And it was done by a CPA, I'm pretty sure he would know the tax laws

Here you go, figure it out yourself:

http://www.irs.gov/u...iling-Status%3F

wow...if he could figure it out himself he wouldn't be asking for advice

Edited December 30, 2012 by mimolicious

[Cathi 5,610]

You can amend past tax returns. I am not sure how to go about doing that. Perhaps calling a good tax accountant would be in order. Good luck.

[Mo1689 0]

You can amend past tax returns. I am not sure how to go about doing that. Perhaps calling a good tax accountant would be in order. Good luck.

mimolicious,

Thanks for your comments they've been very helpful. I'm going to file "married separately" and write "NRA" in the SSN field----this seems to be the most accurate, and logical, approach.

Edited December 30, 2012 by Mo1689

[pushbrk 12,106]

Once married the status of SINGLE is NOT an option. There are 3 options, MARRIED JOINTLY, MORRIED SEPARATED and SINGLE HEAD OF HOUSEHOLD. Those are the only valid choice. Yes it is a pain, yes it is difficult but SINGLE is not allowed. Those that said they were told to use SINGLE were ill advised and should seek a refund of the fees they paid and should file ammended returns ( or hope they don't get audited ) Choosing SINGLE because it is easier is not a legal option.

Technically, that is correct. Fortunately, the IRS doesn't penalize folks for using a filing status that results in additional tax or simply no tax savings. So, filing single has no legal or immigration related penalty. You can simply and safely file amended returns later.

[NigeriaorBust 4,087]

Technically, that is correct. Fortunately, the IRS doesn't penalize folks for using a filing status that results in additional tax or simply no tax savings. So, filing single has no legal or immigration related penalty. You can simply and safely file amended returns later.

Only true is there is no additional tax liability. Married filing separately may yield a tax liability

[CarlosAndSveta 808]

To Mo1689

Here is a link to a tool on the IRS website that helps you figure out your filing status:

What is my filing status?

If you answer the questions truthfully you will get your correct filing status.

If you are married then Single is not a proper filing status. The three remaining options are Married Filing Jointly, Married Filing Separately, and in special circumstances Head of Household. A Non Resident Alien spouse whose income, if any, is earned outside of the U.S. is not required to file a U.S. income tax return.

[hamigirl710 112]

I was advised by my tax person to file Head of Household because I have children. There is an IRS calculator somewhere that you can use to determine your filing status.

edit...I just seen the post above mine and that is what I was talking about!

Edited December 30, 2012 by hamigirl710