Publication 519 |
2000 Tax Year |
Filing Status
The amount of your tax depends on your filing status. Your filing
status is important in determining whether you can take certain
deductions and credits. The rules for determining your filing status
are different for resident aliens and nonresident aliens.
Resident Aliens
Resident aliens can use the same filing statuses available to U.S.
citizens. See your form instructions or Publication 501
for more
information on filing status.
Married filing jointly.
Generally, you can file as married filing jointly only if both you
and your spouse were resident aliens for the entire tax year, or if
you make one of the choices discussed in chapter 1
to treat your
spouse as a resident alien for the entire tax year.
Qualifying widow(er).
If your spouse died in 1998 or 1999, you have not remarried, and
you have a dependent child living with you, you may qualify to file as
a qualifying widow(er) and use the joint return tax rates. This
applies only if you could have filed a joint return with your spouse
for the year your spouse died.
Head of household.
You can qualify as head of household if you are unmarried or
considered unmarried on the last day of the year and you pay more than
half the cost of keeping up a home for you and a qualifying person.
You must be a resident alien for the entire tax year.
You are considered unmarried for this purpose if your spouse was a
nonresident alien at any time during the year and you do not make one
of the choices discussed in chapter 1
to treat your spouse as a
resident alien for the entire tax year.
Note.
Even if you are considered unmarried for head of household purposes
because you are married to a nonresident alien, you may still be
considered married for purposes of the earned income credit. In that
case, you will not be entitled to the credit. See Publication 501
for
more information.
Nonresident Aliens
If you are a nonresident alien filing Form 1040NR, you may be able
to use one of the filing statuses discussed below. If you are filing
Form 1040NR-EZ, you can only claim "Single nonresident alien"
or "Married nonresident alien" as your filing status.
Married filing jointly.
Generally, you cannot file as married filing jointly if either
spouse was a nonresident alien at any time during the tax year.
However, nonresident aliens married to U.S. citizens or residents
can choose to be treated as U.S. residents and file joint returns. For
more information on these choices, see chapter 1.
Qualifying widow(er).
You may be eligible to file as a qualifying widow(er) and use the
joint return tax rates if:
- You were a resident of Canada, Mexico, Japan, or South
Korea, or a U.S. national (defined below),
- Your spouse died in 1998 or 1999 and you have not remarried,
and
- You have a dependent child living with you.
See the instructions for Form 1040NR for the rules for filing
as a qualifying widow(er) with a dependent child.
A U.S. national
is an individual
who, although not a U.S. citizen, owes his or her allegiance to the
United States. U.S. nationals include American Samoans and Northern
Mariana Islanders who chose to become U.S. nationals instead of U.S.
citizens.
Head of household.
You cannot file as head of household if you are a nonresident alien
at any time during the tax year. However, if you are married, your
spouse can qualify as a head of household if:
- Your spouse is a resident alien or U.S. citizen for the
entire tax year,
- You do not choose to be treated as a resident alien, and
- Your spouse meets the other requirements for this filing
status, as discussed earlier under Resident Aliens.
Note.
Even if your spouse is considered unmarried for head of household
purposes because you are a nonresident alien, your spouse may still be
considered married for purposes of the earned income credit. In that
case, your spouse will not be entitled to the credit. See Publication 501
for more information.
Married filing separately.
Married nonresident aliens who are not married to U.S. citizens or
residents generally must use the Tax Table column or the Tax Rate
Schedule for married filing separate returns when determining the tax
on income effectively connected with a U.S. trade or business. They
normally cannot use the Tax Table column or the Tax Rate Schedule for
single individuals. However, if you are a married resident of Canada,
Mexico, Japan, or South Korea, or are a married U.S. national, you may
be able to file as single if you lived apart from your spouse during
the last 6 months of the year. See the instructions for Form 1040NR to
see if you qualify. U.S. national was defined earlier in this section
under Qualifying widow(er).
Nonresident aliens who are married to U.S. citizens or residents
can choose to be treated as a resident and file a joint return. For
information on these choices, see chapter 1.
If you do not make the
choice to file jointly, use the Tax Table column or the Tax Rate
Schedule for married individuals filing separately.
A nonresident alien estate or trust using Form 1040NR must use Tax
Rate Schedule W in the Form 1040NR instructions when determining the
tax on income effectively connected with a U.S. trade or business.
Special rules for aliens from certain U.S. possessions.
A nonresident alien who is a bona fide resident of American Samoa
or Puerto Rico for the entire tax year and who is temporarily working
in the United States should read Bona Fide Residents of American
Samoa or Puerto Rico, at the end of this chapter, for
information about special rules.
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