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Lucka
Level 2

Not working, green card, living abroad, qualifying child?, filing and recovery rebate

I did some online research to figure out the answer but am also writing here to ask/clarify a few things. Thank you in advance.

 

If a person is a green card holder, who is currently living abroad, hasn't ever filed taxes before, married to a nonresident alien, and have a US citizen child under 10, wants to file taxes, I see that they can either do it jointly, or married filing separately or as head of household.

 

1. When the person files, they will choose not to file jointly so as not to have to include the income of the nonresident alien spouse nor treat the spouse as a tax resident. Their income will therefore be $0.

2. Since the child is being supported solely on the spouse's income, could the child be a qualifying child /dependent on this person's tax forms whether they file as married filing separately or as head of household?

3. Since the IRS has no information on this person, the IRS has not sent a notice 1444. Without that, is there a way to file for the recover rebate credit? Will it be available from the online IRS account?

4 Replies
Lucka
Level 2

Not working, green card, living abroad, qualifying child?, filing and recovery rebate

Hi, does anyone know if the child is qualifying if the spouse does not claim them because they arent filing because they are nonresident alien? The spouse is the sole earner of the household.

 

Thank you.

ToddL99
Employee Tax Expert

Not working, green card, living abroad, qualifying child?, filing and recovery rebate

To clarify your question, does the child have a U.S. SSN or ITIN? Of what country is the child a resident?

Lucka
Level 2

Not working, green card, living abroad, qualifying child?, filing and recovery rebate

Thank you! Yes, the child is a US citizen with a SSN. All three live together outside the US, currently, in Pakistan.

ThomasM125
Employee Tax Expert

Not working, green card, living abroad, qualifying child?, filing and recovery rebate

You can't file as a head of household since you are not furnishing over half the upkeep of the house, as you said the spouse is providing all of the support for the child.

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