Resident & Nonresident Aliens

Who is a Nonresident Alien for income tax purposes?

Asked Tuesday, January 10, 2012 by an anonymous user

CPA Answer:

If you are an alien (not a U.S. citizen), you are considered a nonresident alien unless you meet one of the two tests described for a Resident Alien. You are a resident alien of the United States for tax purposes if you meet either the Green Card Test or the Substantial Presence Test for calendar year 2013. Even if you do not meet either of these tests, you may be able to choose to be treated as a U.S. resident for part of the year. You are a resident for tax purposes if you are a lawful permanent resident of the United States at any time during calendar year 2013. This is known as the “green card” test. You are a lawful permanent resident of the United States at any time if you have been given the privilege, according to the immigration laws, of residing permanently in the United States as an immigrant. You generally have this status if the U.S. Citizenship and Immigration Services (USCIS) (or its predecessor organization) has issued you an alien registration card, also known as a “green card.” You continue to have resident status under this test unless the status is taken away from you or is administratively or judicially determined to have been abandoned. You will be considered a U.S. resident for tax purposes if you meet the Substantial Presence Test for calendar year 2013. To meet this test, you must be physically present in the United States on at least: 31 days during 2013, and 183 days during the 3-year period that includes 2013, 2012, and 2011, counting: All the days you were present in 2013, and 1/3 of the days you were present in 2012, and 1/6 of the days you were present in 2011.
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Deceased Taxpayers

Are medical expenses after the date of death deductible?

Asked Tuesday, January 10, 2012 by an anonymous user

CPA Answer:

If the Estate pays the decedents personal medical expenses within 1 year of the date of death, the expenses can be deducted on the decedent’s final 1040 tax return as itemized deduction subject to the 10% or 10% / 7.5% AGI floor.
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Married Filing Separately

Married filing Separately - benefits lost

Asked Thursday, January 05, 2012 by an anonymous user

CPA Answer:

If you are Filing as Married filing separately, you must have lived apart from your spouse for the last 6 months of the year to take advantage of the dependent care, earned income, elderly credits and the $25,000 rental loss allowance.
Also Social Security will be 85% taxable.
Speak to your local CPA about the tax strategy of using married filing jointly or married filing separately.
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Married Filing Separately

I got married during the year. Can I still file as single for this year?

Asked Thursday, January 05, 2012 by an anonymous user

CPA Answer:

No. If you are married on the last day of the year, you must file either married filing jointly or married filing separately. You are not allowed to file as a single or Head of Household.
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Married Filing Separately

I am legally married . Must I file a joint tax return ?

Asked Thursday, January 05, 2012 by an anonymous user

CPA Answer:

No. If you are married (as of the last day of the year),you may elect to file using the status of married Jointly or married Separately. Generally, separate tax returns may be more beneficial and save both people money, especially when both people have earnings and taxable income, and high medical or miscellaneous itemized deductions. Filing separately may allow more of the phased-out itemized deductions which are based on the taxpayer(s) Adjusted Gross Income.
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Married Filing Separately

Filing married filing separately - gross income amount to determine filing a tax return

Asked Thursday, January 05, 2012 by an anonymous user

CPA Answer:

For the current year, If your filing status is married filing separately then your gross income must be at least $3,900. There is no age test. Gross income does not include social security benefits.
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Head of Household

I am separated from my husband Can I file as Head of Household ?

Asked Thursday, January 05, 2012 by an anonymous user

CPA Answer:

If you lived apart from your spouse and your child lived with you for most of the year, you may qualify as unmarried head of household if the following criteria are met.
Your spouse was not a member of your household during the last 6 months of the year.
You provided over half the cost of keeping up the household. You maintain your home as the principal place of abode for your child, stepchild or adopted child for more than half of the year. You are entitled to claim the child as a dependent.
Speak to your local CPA if you still have a question about your filing status on your tax return.
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Head of Household

I am unmarried with a child. Do I file using the filing status single, head of household or widow(er)?

Asked Thursday, January 05, 2012 by an anonymous user

CPA Answer:

If you are unmarried at the end of the year, you may be able to file as a head of household or widower if you pay for more than 50% of the household costs for the child or relative that lives with you. You may file as a widow(er) if you became a widow(er) in the 2 prior tax years, and in the current tax year you paid more than 50% of the household costs for you and the dependent child. The tax rates for widow(er) and head of household are more favorable than filing as a single.
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Head of Household

I am filing as head of household , what is the Gross income amount to determine if I must file a tax return

Asked Thursday, January 05, 2012 by an anonymous user

CPA Answer:

For the current year, If your filing status is head of household and you are under 65 then your gross income must be at least $12,850 ($12,500 in 2012). If you are 65 or older then your gross income must be at least $14,350 ($13,950 in 2012). Gross income does not include Social Security benefits.
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Head of Household

Can I file as head of household , I am single and live alone and have no dependents ?

Asked Thursday, January 05, 2012 by an anonymous user

CPA Answer:

No. To use the Head of Household filing status, you must have paid over half the cost of keeping up a home for you and a child or other qualifying person for over half the year.
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