Level 3

Question

Can I use the status of HOH when a repatriate is coming home with a child and a foreign spouse? We don't have any SS to file MFJ or MFS?

Forum|Forum|4 years ago
August 13, 2021
3 replies
22 views

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Lacerte Tax

This topic has been closed for replies.

T

Terry53029

Intuit Community Champion

here is a link to interactive tax assistant to assist you in making that determination:

https://www.irs.gov/help/ita/what-is-my-filing-status

C

celine389Author

Level 3

This link does not help. I am speaking of a nonqualified resident alien who just came into the country the last part of 2020 without any ID number. Husband is currently seeking for a resident alien status for her .

I also read somewhere if we file joint, she has to be in the states for 12 months.

BobKamman

Level 15

Does the spouse qualify as a nonresident alien?

C

celine389Author

Level 3

yes, nonqualified resident alien.

sjrcpa

Level 15

Spouse can get an ITIN if a number is needed.

The more I know the more I don’t know.

C

celine389Author

Level 3

If she has to be here for 12 months to file joint, the ITIN will just get the return through electronically.

Currently to obtain the ITIN will take additional time as the immigration lawyer wants his return to be filed by the 20th.

Somewhere on the IRS website regarding foreign spouses, I read in cases with foreign spouse coming in without any status of residency, we can file joint but she has to file her worldwide income on the return or husband can file HOH. I forgot to document this answer and so I am throwing this question to Lacerte community. I will need to look for what I found again and ascertain myself that HOH is ok.

BobKamman

Level 15

IRS Pub 519 is a good place to start your education. However, there is no such thing as a "nonqualified resident alien." She may very well have become a resident alien when she entered the country -- it depends on all the facts and circumstances. And if the immigration lawyer is concerned about having a tax return that shows her marital status and income, it's not going to help if they provide one that shows the husband is unmarried.

Head of household. You cannot file as head
of household if you are a nonresident alien at
any time during the tax year. However, if you
are married, your spouse can qualify as a head
of household if:
• Your spouse is a resident alien or U.S. citizen for the entire tax year,
• You do not choose to be treated as a resident alien, and
• Your spouse meets the other requirements for this filing status,

I really don't understand this aversion to filing a paper return when special circumstances exist, like lack of ITIN (and why didn't they think of that 8 months ago?).

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