SEPARATED non-US spouse

Forum|Forum|6 years ago
September 27, 2019
8 replies
44 views

I'll be filing taxes for the first time this April as I just moved to the US. I am married back home though we are not together for years, and they are not US citizen or resident.
How does the IRS treat this? If I am sending money back home to take care of my teenager can I claim Head of Household? I understand that filing 'married separately' will reduce my credits and deductions relative even to filing as 'single'.
Would my ex be subject to US taxes even though they are not here?

DoninGA

Level 15

You cannot file as Head of Household if the child did not live in your home for more than one half of the year.

See this TurboTax support FAQ for HOH when married - https://ttlc.intuit.com/community/married/help/can-a-married-person-claim-head-of-household-filing-status/00/26366

If you are a US citizen or US resident and your spouse does not have a Social Security number or an ITIN and you are not applying for an ITIN with the tax return then you can only file your tax return as Married Filing Separately. Where asked to enter the spouse's Social Security number enter 999-88-9999. You can only print and mail your tax return, it cannot be e-filed. When you print the tax return erase the Social Security number for your spouse and manually enter NRA for non-resident alien.

See this TurboTax support FAQ for the procedure to print and mail a tax return using the online editions - https://ttlc.intuit.com/questions/1944348-how-do-i-print-and-mail-my-return-in-turbotax-online

ThAW111Author

Level 2

Just to be clear, I cannot file as HOH even if the child is residing in a home rented in my name and I pay for it, because I do not live there anymore (under same roof)?

Only if teenager moves to US and spends more than 6mo w/me can I file HOH?

Thanks, it sounds like Married Filing Separately is only recourse...

- but then I don't get child tax credit etc.

unfair 😞

DoninGA

Level 15

Since your household is not the home of the child then you cannot claim them as your dependent. If it was the case where the child was just temporarily away from your home due to special circumstances such as illness, education, business, vacation, military service, or detention in a juvenile facility, then you could claim them as a dependent and have HOH filing status. However, that does not sound like your situation.