<p>so my mother is a US resident but my step father is nonresident alien. my mother has two dependents, my sister and myself. According to IRS publication 501 "You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien." Knowing this my mother filed as head of household but my question is what does my step father file as. does he file as "single" since for tax purposes they're considered "unmarried"? also, as a nonresident does he still fill out a 1040? or is they're a separate form he has to file. I just want to make sure everything is done right so that i don't have any problems later.
Thank you in advance </p>
<p>This is a question for the IRS, not a college forum. He should call.</p>
<p>Your father is a non-resident, and an alien. To me, this means he resides in another country and is NOT a citizen. I agree this is a question for a tax expert…but if he resides in another country and is not a U.S. citizen, is he required to file a U.S. tax return? Did he earn money in the U.S.?</p>
<p>Are you trying to figure out how to include your step-dad’s income on FAFSA?</p>
<p>OP, are you sure that your step-father is a nonresident alien? See <a href=“Publication 519 (2022), U.S. Tax Guide for Aliens | Internal Revenue Service”>Publication 519 (2022), U.S. Tax Guide for Aliens | Internal Revenue Service;
<p>Also, I think a married person can’t file as “Single”</p>
<p>Given that your stepfather is married to your citizen mother, the IRS has a provision that allows him to file jointly with her provided he agrees to be treated as a US resident for tax purposes. </p>
<p>If your stepfather is living in the US and has US income, he has the option of filing the 1040NR. If he is living outside the US, and he has no US income, he would not be obligated to file any federal US tax returns.</p>
<p>CMW…Is your stepdad LIVING and WORKING in another country?</p>
<p>If your stepdad is truly a non resident alien, read the definitions carefully, if he is not getting income from the US, he may not have to file US taxes. If he is getting money from, say a government pension, or other US source, he may have to file US taxes. As others have said, this has to be something a tax expert answers as we have no idea where he is getting his money so we can’t say he absolutely doesn’t have to file US returns. My mother was a non resident alien for years, but had to file and pay US taxes since she as getting a widow’s pension from the US government, for example. Specific circumstances apply. But your mother appears to be able to file without including him and get HOH status, which she has taken.</p>
<p>The question then can be, since this is a college fin aid forum, as to how his income is taken into account for FAFSA purposes. Since he and your mother are separated, in that they are living separately, she can thus file on FAFSA, leaving him off, as separated. The tax return your mother files will match up with the FAFSA and there should be no problem. But if he is sending money to your mother towards her and family support, that is a whole other issue as to where and how it should be reported. I won’t venture there. Also joint assets that she and he own have to be reported with her claiming her part. When it comes to PROFILE, the form may delve into the situation even more if there is money coming to your mother from your step father. </p>