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Tax.appeal.168, Tax Accountant
Category: Tax
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Experience:  3+ decades of varied tax industry exp. Tax Biz owner
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I am preparing a tax return individual who is a resident

Customer Question

I am preparing a tax return for an individual who is a resident alien. He is married, but his spouse never came into the US. I do not believe she has any income. This person filed a tax return in 2014 as single. He is told by people that have some experience that this is the proper filing status. I was leaning towards either filing married joint with a request for a tax id but he does not want to do this. what is the proper filing status for this person?
Submitted: 7 months ago.
Category: Tax
Expert:  Tax.appeal.168 replied 7 months ago.

Married Filing Jointly

Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year.



Even though the spouse is a non-U.S. Citizen, the person has two choices, either to file married filing separately, or head of household, if applicable. This person should have never been filing single during any time that he has been married.

Let me know if I can be of further assistance to you regarding this matter. If all is clear, please provide a positive rating of 3 or more stars so that I can receive credit for assisting you.

Expert:  Tax.appeal.168 replied 7 months ago.

Link to an article on the subject matter;

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