Single or Married

[dsi]

New client lives in and works for the State of CA. He said he is married, but his wife and kids are citizens of Pakistan (and they live in Pakistan a well).

I am inclined to file his return as Single. Any comments?

[jainen]

definition of marriage

>>I am inclined to file his return as Single. Any comments?<<

Although the definition of marriage has been somewhat blurred of late in California, it is still recognized under the law.

[Bees Knees]

A spouse who is a citizen of Pakistan does not make him single. His choice is MFJ and include her income on the return, or MFS and only deal with his income.

He could not claim any of the kids as dependents, as they fail the citizen or resident test.

[GIMoe]

I Agree...

A spouse who is a citizen of Pakistan does not make him single. His choice is MFJ and include her income on the return, or MFS and only deal with his income.

He could not claim any of the kids as dependents, as they fail the citizen or resident test.

...he has two choices; MFJ or MFS. I have a silly side question on this, and that is what do you put for the SSN/TIN? My guess would be that it would definetly have to be a paper return and you put something like NOT A CITIZEN / NON-RESIDENT where the SSN goes. Am I right or am I way off? It has been quite a few years since I have seen anything similiar to this and I seem to have forgotten how it was done.

[Bees Knees]

I'd do a paper return. Sometimes it is not worth fighting with the stupid computer when you need to do some creative tax prep work.

[Bird Legs]

Mfj

thought both spouses must have either a Soc. Sec. No. or ITN in order to file MFJ.
Without either one the filing status would be MFS.
Or is this statement true only if you lived together more than 6 months of the year.

[dsi]

I've concluded that his only choice, at least if he wants to hire me, is to file MFS, paper return. Of course the wife's SS# will be missing...oh well!

[erchess]

No one has raised this issue but

as near as I can tell, if he filed MFJ, he would have to use F1040NR because his wife would clearly be a nonresident alien. I have learned nothing about that form since taking my first tax course prior to my first season in the business, so if it ever comes up I will have to do some research. From what I recall, this form taxes one on all worldwide income with no benefit for tax paid to other governments on the same income.

If we need a number for her it should not be hard to obtain an ITIN. If we have an ITIN for her I would have thought we could file electronically.