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Can I file as head of household and claim the eitc with qualifying children when married to a nonresident alien spouse?
If I am married to a nonresident alien and choose not to treat them as a resident for tax purposes, can I file as head of household AND claim the eitc?
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@ericgarcia828 , assuming that you are a US citizen/Resident ( Green Card ) , your spouse is NRA, and you have your qualifying , dependent child ( children ) for whom you main a home, to claim Head-of-Household you must satisfy either (a) unmarried or (b) considered unmarried . If your spouse ( NRA ) lived with you at least for the last six months of the year, then you cannot satisfy the "considered unmarried " clause -- spouse being NRA does not invalidate the marriage .
Does this answer your query ( it is not you wanted to hear -- sorry ) ?
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On the irs website it says:
If you are a U.S. citizen married to a nonresident alien, you may qualify to use the head of household tax rates. 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.
Where does it say I can't file as HoH?
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@ericgarcia828 , you are CORRECT and I am WRONG --- NRA is not a US person and as such you are considered unmarried - this is true for federal purposes -- you have to view the state rules for State purposes.
Sorry