Marital status

Forum|Forum|5 years ago
November 7, 2020
3 replies
14 views

Good morning

i know this topic was discussed before but I have a different question

my situation is that I was married for the last 5 years but my spouse is NRA. ( no income). The main reason behind filing as single is because it is my accountant suggestion. After reading some posts here I am worried that what I am doing can makes me liable.
My question is should I contact IRS about this or just change my status next year?

Not A Product Question

Critter-3

Level 15

Your accountant gave you really bad advice ... find a local tax pro that can get you out of this mess ASAP.

tbrown21

Level 4

in general you should have filed MFS, but you have options. See this link to read IRS rules:

Sorry can't seem to copy link, but just google " International Taxpayers-Filing Status If Married to a Nonresident Alien" and that site will come up.

Ichigo20Author

Level 2

Thanks for the answers

I’ve just contacted the accountant and he said there is no issue 100%. He even suggested to make him responsible if something wrong happen. I really don’t know

Critter-3

Level 15

Unless he efiles your return he is not responsible for anything ... only you are. If you are legally married then your ONLY choices are Married Filing Jointly or Married Filing Separately ... SINGLE is not an option. All the prior year returns need to be corrected one way or another.

If you are a US citizen 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

If you are filing your tax return as Married Filing Jointly you must apply for an ITIN with the tax return and you would need to be providing a statement with your tax return that you want your Nonresident Alien Spouse Treated as a Resident. See IRS Publication 54 Tax Guide for U.S. Citizens and Resident Aliens Abroad pages 6 and 7 - https://www.irs.gov/pub/irs-pdf/p54.pdf

Go to this IRS website for ITIN information - https://www.irs.gov/individuals/international-taxpayers/general-itin-information

Ichigo20Author

Level 2

It is efile. I am not a US citizen yet. All people who filed tax with him has the same situation. What makes him do that? I know at least 5 people from my native country with same situation. The only solution he provided is to change the marital status next year, and from his voice tone I feel that he’s offended.