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  1. #1
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    Dec 2014
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    Post Is it Legal to File Taxes as Single if You Are Married

    I am applying for a job that requires top secret security clearance and under the section it says that i need to mention my naturalization certificate number. The confusion that i am going through is that during my citizenship application i mentioned that i am married and my wife is abroad. I continued to file taxes as "single" as i was advised by my accountant that once my wife come to U.S. i can file jointly. Now my naturalization certificate says i am married but my tax returns says i am single. I am already worried of being denied because of this mess. Please advise what should i do ?

  2. #2
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    Default Re: Is it Legal to File Taxes as Single if You Are Married

    If you were married on the last day of the tax year your choices are: Married--Filing Jointly or Married--Filing Separately. In some limited cases HOH is also permitted (you must have a US resident dependent child for this). Single is not an option. In your cases "Filing seperately" is the probably the best option.

    Amend your tax returns for the past three years would be the proper thing and find an tax preparerer who understands the code.

  3. #3
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    Default Re: Is it Legal to File Taxes as Single if You Are Married

    Quote Quoting flyingron
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    If you were married on the last day of the tax year your choices are: Married--Filing Jointly or Married--Filing Separately. In some limited cases HOH is also permitted (you must have a US resident dependent child for this). Single is not an option. In your cases "Filing seperately" is the probably the best option.

    Amend your tax returns for the past three years would be the proper thing and find an tax preparerer who understands the code.
    Do not rule out amending to filing jointly altogether. Discuss it with the tax professional you consult.

  4. #4
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    Dec 2014
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    104

    Default Re: Is it Legal to File Taxes as Single if You Are Married

    Quote Quoting flyingron
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    If you were married on the last day of the tax year your choices are: Married--Filing Jointly or Married--Filing Separately. In some limited cases HOH is also permitted (you must have a US resident dependent child for this). Single is not an option. In your cases "Filing seperately" is the probably the best option.

    Amend your tax returns for the past three years would be the proper thing and find an tax preparerer who understands the code.
    I have been married since 6 years, so may i know if i have to amend tax returns from 6 years ?

  5. #5
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    Default Re: Is it Legal to File Taxes as Single if You Are Married

    You really can go back three tax years only.

  6. #6
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    Dec 2014
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    Default Re: Is it Legal to File Taxes as Single if You Are Married

    Quote Quoting flyingron
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    You really can go back three tax years only.
    May i know if i need any signature or such from my wife in order to amend tax returns ?

  7. #7
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    Default Re: Is it Legal to File Taxes as Single if You Are Married

    Quote Quoting flyingron
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    You really can go back three tax years only.
    Generally after 3 years the IRS cannot assess any additional tax nor can the taxpayer get a refund of any overpaid tax. But in some cases it can be worth amending a return filed more than 3 years ago so that the information is accurate even if any tax change that results cannot be collected/paid due to the statute of limitations. This might be one such circumstance if the mistake on the marriage status on the returns would affect the security clearance review and if the amendment might look better in that review. Not knowing exactly what security clearance is being sought, I cannot say if it would be helpful here. I simply wish to say here not to reject this possibility out-of-hand.

    Quote Quoting jon84dwk
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    May i know if i need any signature or such from my wife in order to amend tax returns ?
    You need her signature if you wish to amend to a joint return; you don't need it to amend to married filing separately.

  8. #8
    Join Date
    Dec 2014
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    104

    Default Re: Is it Legal to File Taxes as Single if You Are Married

    Quote Quoting Taxing Matters
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    Generally after 3 years the IRS cannot assess any additional tax nor can the taxpayer get a refund of any overpaid tax. But in some cases it can be worth amending a return filed more than 3 years ago so that the information is accurate even if any tax change that results cannot be collected/paid due to the statute of limitations. This might be one such circumstance if the mistake on the marriage status on the returns would affect the security clearance review and if the amendment might look better in that review. Not knowing exactly what security clearance is being sought, I cannot say if it would be helpful here. I simply wish to say here not to reject this possibility out-of-hand.



    You need her signature if you wish to amend to a joint return; you don't need it to amend to married filing separately.

    Thank you i really don't want to miss this opportunity. Let's hope i get this clearance. I will try to amend my tax returns.

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