SINGLE MARRIED W2

[akj1357]

I got married in 2014. I came USA in Nov 2015 and for W2 in 2015, i put my marital status as 'SINGLE' as my wife was in INDIA and she did not travel to USA. I went back to India in April 2016 and again came to USA in Dec-2016. This time also my wife was in INDIA. Please let me know what status should i select in W2 for 2016. I am under Non Resident Alien category

[TaxGuyBill]

What type of visa do you have?

Did you use TurboTax last year to file your tax return?

For filing your tax return, you are NOT "Single".  You are "Married".  When filling out your Form W-4 to tell your employer how much to withhold in taxes, yes, you can put "Single", but that is completely different than your tax return.  When you answer the prior questions, I'll explain that a bit more.

[akj1357]

I have H1B visa and used TurboTax to file my tax last year. My wife works in India but she never travelled to USA on dependent visa.

[TaxGuyBill]

You should go to a tax professional that is EXPERIENCED with Nonresident Aliens.
<a rel="nofollow" target="_blank" href="http://taxexperts.naea.org/">http://taxexperts.naea.org/</a>

(1)  Your 2015 tax return is wrong, because TurboTax is not able to do Nonresident Alien tax returns, and you were not "Single".  The tax professional can help you to correct those mistakes.
(2)  For 2016, you are also probably a Nonresident Alien (depending on the exact dates of being in the US, you could be a Resident, but you are probably a Nonresident), which TurboTax can not do.

Again, if you are just filling out a W-4 to give to your employer, yes, you can put "Single".  For for doing your tax return (and correcting your 2015 tax return), you should go to a tax professional.

[akj1357]

Thanks for your valueable comments. But I guess my status should be "SINGLE" as my wife never travelled to USA on dependent and I am living here in USA alone. So i am as good as SINGLE. Please confirm.

[TaxGuyBill]

No, that is not correct.  If you are legally married, your tax return will report you as "Married".  It does not matter where your spouses lives, you are still Married.

[akj1357]

I am under Non-Resident Alien (have not stayed in USA in 2016) for more than 183days. So anyhow it will consider me as SINGLE. Please confirm

[bine22]

You are NOT considered single,as a nonresident alien you have to file as married filing separately

[DoninGA]

Do not confuse what you selected on the W-4 you gave to your employer to how you report your filing status on a tax return.  If you are legally married, then you file your tax return as Married NOT Single.

[akj1357]

So my wife was not in USA in 2016. Can I show her as dependent ? Or how i should file tax in 2016

[bine22]

a wife is never a dependent. And as a nonresident alien you cannot claim a dependent anyway, nor can you file jointly. Have a look at publication 519 <a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p519/">https://www.irs.gov/publications/p519/</a> You will have to amend your 2015 return accordingly and file your 2016 correclty

[akj1357]

So how should i file tax in 2016? Marital Status -? and File should be single or jointly ?

[bine22]

if you do not meet the substantial presence test, you would still be a nonresident alien and file as MARRIED FILING SEPARATELY. If you will stay in 2017, you might have other options. Have a look at publication 519

[pk · Accepted solution]

akj357 ( Ajiy, Ashok , ? ) ,  please listen to the points made by TGBill and bine22 --- they are correct in that  (a) your immigration status  probably is  Nonresident alien  ( TurboTax does not support  the  related forms 1040-NR series ), (b) your filing status, irrespective of what you claim on your withholding form W-4, is Married-- you can only file  as Married Filing Joint or Married Filing Separate;  (c) you generally cannot claim your wife even for exemption only  without exposing her Indian income to US taxes. There are a few more ands , ifs and buts. Therefore please consider seeing a professional familar with non-resident alien (with  work visa) tax regulations.  And yes , I concur with TGBill and bine22  that your 2015 return needs to be amended    ( note that claiming that you are not married, when you actually are married, is perjury and can lead to very serious implications -- please see a professional )--Good Luck

[akj1357]

Thanks pk.... Just one last query... If i file as a "Married Filing Separate" will I get more return as compared to "SINGLE" ?