Married Filing Separately – NRA
If your spouse doesn’t file as a resident, you can file as Married Filing Separately. This is the default filing status for a U.S. citizen married to a nonresident alien. Or, if you are married to a nonresident alien, you might be able to use the Head of Household filing status.
What is the special rule for married filing separately?
Married filing separately is one of five tax-filing statuses available to taxpayers. Under the married filing separately status, each spouse files their own tax return instead of one return jointly. Instead of combining income, each person separately reports income and deductions.
Can you file separately even though you’re married?
Married couples have the option to file jointly or separately on their federal income tax returns. The IRS strongly encourages most couples to file joint tax returns by extending several tax breaks to those who file together.
What are the disadvantages of filing married filing separately?
As a result, filing separately does have some drawbacks, including:
- Fewer tax considerations and deductions from the IRS.
- Loss of access to certain tax credits.
- Higher tax rates with more tax due.
- Lower retirement plan contribution limits.
Can I file a joint return with my nonresident alien spouse?
If your spouse is a nonresident alien, you can treat your spouse as a resident alien for tax purposes. If you choose this option, you can file a joint tax return with your spouse and have an increased standard deduction.
Can you go to jail for filing single when married?
To put it even more bluntly, if you file as single when you’re married under the IRS definition of the term, you’re committing a crime with penalties that can range as high as a $250,000 fine and three years in jail.
Am I responsible for my spouse’s tax debt if we file separately?
Debt Incurred Before, During, and After Marriage
You may be liable for tax debt incurred during your marriage – unless you take steps to limit your liability. You can protect yourself by filing separately or applying for Innocent Spouse Status. Divorce frees you from tax debt your spouse incurs after your marriage.
Can I file as single if my spouse is a nonresident alien?
Unfortunately, you can’t file single if married to a nonresident alien (NRA). Once you tie the knot, you must either go with Married Filing Separately or Married Filing Jointly.