My parents just got married few months ago, and my mom have been putting “Single” on her W-2 forms. She only worked for 3 or 4 months last year, so her income is kinda low. But, she will still be filing taxes, and might be using 1040A. On the other hand, my dad, who is currently living in another country, might not be filing taxes. My questions, for now, are:
Should my mom file "Single", "Head of Household", or "Married - filing separately"? My auntie told me that my mom will file "Single" since the latter hasn't updated her documents yet, although she is already petitioning my dad. But, I'm not sure if that's right so I put "Head of Household" for now.
The guide on answering "What type of income tax return will your parents file for 2015?" does not state my case (mom filing 1040A, dad not filing). Should I put "1040A" or "Foreign Tax Return"?
I know how to answer the AGI, but hint for "How much did your Parent 2 (in my case, my father) earn from working (wages, salaries, tips, etc.) in 2015?" states that "If your parent did not file taxes include the information from his / her 2015 W-2 Forms – box numbers 1 + 8", but my dad never had a W2 form since he is living in a different country. So, what should I put here?
Is your dad a US citizen or green card holder? if so, by law he has to file taxes even if he lives in another country.
If your dad is not a US citizen or green card holder, unless he is unemployed (in which case this is all moot), then complete it as a Foreign Tax Return.
Your mom has to put her legal status for the tax year in question.
Something tells me that there is more to this story- not least, why your aunt is answering questions about your mom’s taxes and what your mom is ‘petitioning’ your dad / her new husband about.
I’m not a tax expert here…but I believe that if your parents were married by the end of 2015, your mom cannot file taxes as “single”. Her choices are mrried filing jointly, or married filing separately. There are some circumstances when married folks can file as Head of Household…but I don’t know if these apply to you, or not.
Because your mom married before the end of 2015, her tax filing options are married or married filing separately.
It is OK to have “single” on her W-2 forms because that just affects the amount of federal and state taxes that are withheld from her income. When she files her income tax returns, the amount she will find that she owes in taxes, or gets back because too much money was withheld, will depend on her tax filing (married vs. married filing separately) status. When she gets around to it, she should speak with her employer(s) and complete new W-2 and state tax forms to married.
As thumper1 mentions above, filing as Head of Household is also an option for some married individuals, if certain conditions are net. Nothing in OP’s post seems to disqualify OP’s mother from filing as Head of Household, but there may be facts that OP has not disclosed that preclude filing as Head of Household.
And filing as head of household…and indicating one is married, will most certainly trigger verification. The OP will need to have documentation that HOH is appropriate!
Thank you very much and I am so sorry for the confusion guys. You’re questions are kind of the same, so I’ll just put down some details.
My mom and I are PRs, but my dad is not -- not even a US Citizen. And, he's the only guy my mom married.
My aunt isn't actually asking the questions, I am. I just asked her about this part, because, well, I thought she was more knowledgeable about these things. My mom and I just moved here less than a year ago, so we're kinda new to how things work here. But, I know more about my mom, because I have been doing the research lately
About the 'petitioning', we're trying to file an immigrant visa petition to bring my dad here. And, I actually told my mom to file married - filing separately (I don't think HOH will work for us, since they just got married, and have no reason to divorce), because I'm afraid that filing as single might be a reason for the immigration to deny my dad. Plus, after doing some research, I think it's illegal for her to do that. Though, during my research, I found out that there are some married people who have the same case as my parents, were advised to file as single, so I got kinda confused about that.
I know it’s best for us to talk to a tax expert, but I’m not sure when that’s gonna happen since my mom and I have totally different schedules, so that’s why I’m here. Thank you for your help, guys!
Don’t dismiss the filing as Head of Household so quickly. It will depend on how many months she supported you. Do go over the options with a tax person. There are many clinics that will help you for free.