Tax filing status for international family

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international001
Posts: 402
Joined: Thu Feb 15, 2018 7:31 pm

Tax filing status for international family

Post by international001 » Thu Feb 15, 2018 7:36 pm

My situation:
US resident with non-US spouse (not married) and two children living in Europe
I spent more than 6 months a year with family and provide for most 50% of their economics needs. Just got SS for the kids in consulate.
So far I have been filing taxes as single, without claming any dependents.

My questions:
Is it possible to file as a head of household (listing kids as dependents) ? My spouse would file taxes in Europe. Should it be a big deal if she claims the dependents as well?
Can I make amendments and change my file status to head of household for previous years?
Anything that would send a flag to the IRS?

JGoneRiding
Posts: 1127
Joined: Tue Jul 15, 2014 3:26 pm

Re: Tax filing status for international family

Post by JGoneRiding » Fri Feb 16, 2018 12:35 am

Not an agent but I would at refilling as hoh for other years would be a red flag. If you meet the qualifications listed in the irs pub you should be able to claim children.

I have no idea if they would ever be able to tell that you are both claiming the kids In different countries but i am fairly certain it isn't technically legal

Ace1
Posts: 206
Joined: Sun Dec 26, 2010 7:29 pm
Location: Twinsburg Ohio

Re: Tax filing status for international family

Post by Ace1 » Fri Feb 16, 2018 6:41 am

The 1040 instructions pages 14-20 discuss filing status.
Also in pub 501.
You are either married (use MFJ or MFS) or unmarried (use Single or HOH).
You can qualify to use HOH if you provided more than half of a qualifying child’s support.
You should carefully review the above listed pages which discuss this.
The child can be a qualifying child for HOH but not your dependant since the other parent
claims the child as a dependant.
A dependant can only be claimed by one taxpayer.

international001
Posts: 402
Joined: Thu Feb 15, 2018 7:31 pm

Re: Tax filing status for international family

Post by international001 » Fri Feb 16, 2018 9:11 am

I understand only one parent can claim children as dependent. But this would apply only under US tax filing. What does the IRS care about the rules in other countries? (imagine a case where the other country allows both parents to claim dependents)
I just got the SSN for the kids, that's the reason why I want to change the filing status for previous years. Or does it only apply for the years when you have the SSN

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