Foreign Resident Head of Household

Apr 16, 2007 4 Replies

I'm still trying to lower my son's tax. In Publication 17, page 23, right-hand column, it says that "You are considered unmarried for head of household purposes it your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien". In the table at the bottom of the page it says that a qualifying person enabling you to file as head of household includes a qualifying child who is single, whether or not he can be claimed as an exemption. In a footnote it refers to chapter 3 for the definition of a qualifying child. In chapter 3 it says that the tests are relationship, age, residency, support, and a special test for the qualifying child of more than one person. It does not mention citizenship. Does this then mean that a person married to a nonresident alien can file as head of household based on his children that live with them, and that he supports, even though the children can not be claimed as exemptions because they are neither US citizens nor residents?




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That is the way I have always understood the rule to work. As long as there are children and a non-resident spouse, a taxpayer may file as head of household. Lanny K. Williams, CPA Nawarat, Williams & Co., Ltd. Income Tax Services for Expatriate Americans

Does this mean that the spouse and qualifying child need Taxpayer Identification Numbers?

No. Only if they file a joint return (which, of course, makes this question moot) or claiming an exemption for the dependent child. Lanny K. Williams, CPA Nawarat, Williams & Co., Ltd. Income Tax Services for Expatriate Americans

The rules for filing as HOH for those who are unmarried and those who are considered unmarried are different. Those who are unmarried can qualify as HOH if they have a qualifying child living with them. The child does not have to be their dependent. Those who are "considered" unmarried can file as HOH if they have a qualifying child living with them AND the child is a dependent unless the reason for not being a dependent is that the exemption was released to a noncustodial parent. When a taxpayer is married to a nonresident alien he/she falls into the "considered unmarried" category. Therefore, given the set of facts presented, filing as HOH is prohibited as the children are not dependents.

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