Unit 2 - Determining Filing Status and Residency Flashcards
(37 cards)
What is the eligibility to file as Married Filing Jointly?
Both spouses must agree to file a joint return.
They are eligible if they are married as of December 31 and live together as husband and wife or legally married same sex couple, married under common law, live apart but not legally separated or divorced, or are separated but divorce is not finalized
How can a widowed taxpayer elect the MFJ status?
If she doesn’t remarry at the end of the year the spouse dies
How can a US citizen or US resident married to a nonresident alien elect to file a joint return?
Both must agree to file to be taxed on their worldwide income
What are the reasons for filing separately?
to not be liable for the spouse’s taxes owed or to avoid a refund offset on the spouse’s other debt obligations
What is the rule to change filing status from married filing jointly to married filing separately and what is the exception?
Changes can’t be made after the due date. An exception is for a deceased taxpayer’s representative to change the filing status for up to a year after the deadline
what is the rule to change filing status from separate returns to married filing jointly?
You have within three years of filing date to file 1040x (excluding extensions)
How are civil unions and registered domestic partnerships treated for IRS purposes?
They are not recognized by IRS, therefore must fie as single
What are the requirements to meet Head of Household Status?
The taxpayer must be single, divorced, legally separated, or “considered unmarried”
Must pay more than half the cost of expenses of keeping up the home
Must have a qualifying person living more than half the year
What conditions must be met to be considered “unmarried” for HOH status?
must file a separate return, bear more than half the expenses and maintain the residence of a qualifying child, stepchild, or foster child for more than half the year
not live with the spouse the last six months of the year
able to claim exemption for the child
What expenses are used to determine if a taxpayer pays more than half the cost of maintaining a home?
Rent, mortgage interest, property taxes
home insurance, repairs, utilities,
food eaten at home
What is a qualifying person for Head of household?
must be related to the taxpayer by blood, adoption, marriage, or government placed foster child
What is a qualifying person defined?
a qualifying child, married child who can be claimed as a dependent, or a dependent parent
What is the exemption relating to head of household for divorced or noncustodial parents?
a custodial parent can claim head of household without claiming a qualifying child as a dependent by releasing the dependency exemption to the noncustodial parent
How can a taxpayer claim head of household if the qualifying child is born or dies during the year
They must have provided more than half the cost of keeping up th emain home while the child is alive
How can a taxpayer file head of household for a qualifying parent?
they have to pay have the cost of the main home of the parent for the entire year but the parent doesn’t have to live with them
What is the unique rule applied to a taxpayer who is married to a nonresident alien spouse?
The taxpayer can file head of household even if they lived together throughout the year but must elect the spouse as a resident and have a qualifying dependent/person such as a child or parent
What is the rule to claim as Qualifying Widower filing status?
the status can be used for two years after the spouse’s death if he has a qualifying child
What is the eligibility requirement to be a qualifying widower?
not remarried by the end of the year
eligible to find a joint return in the year the spouse died
have a qualifying child, except for a foster child
furnished over half the cost of keeping up the child’s home for the entire year
How does an annulment affect taxpayer’s returns?
Taxpayers must file an amended return correcting their status for the tax years affected
What is an “alien” and how are they classified?
An alien is an individual who is not a US citizen classified as resident or nonresident aliens
how are resident aliens taxed?
taxed on worldwide income
how are nonresident aliens taxed?
US sourced income and any trade or business related income
What residency tests must be met to be a resident alien?
the green card test and substantial presence test
What is the green card test:
The individual must have been a lawful immigrant any time during the year and was issued an alien registration or green card