Internal Revenue Code allows a US citizen or a resident alien to treat his/her spouse as tax resident of US . This is an option granted to him/her. There maybe various situation in which during a tax year, one spouse is nonresident alien and one is resident alien . Choosing your partner (spouse ) who is nonresident as tax resident of USA may effect your taxation and also certain other legal obligation arise.
IRS tax return under US tax laws can be filed in four ways-as Single person, as married couple filing jointly or as widow(er) , or married filing separately and as as Head of Household . The tax brackets for each of these types of filing of tax return are different. The deductions and exemptions are also fixed differently for these types of filing of IRS tax return. The Head of Household status is for a single or unmarried person who actually share certain kinds of person living with him. IRS calls those persons as qualifying persons . In the instant post , certain points related to filing of tax return as Head of Household is explained .
In order to determine the tax laibility of a persons who visits USA or stays in USA or works in USA or earns any income connected to USA , the first and foremost creteria is to find out the residential status of the person as per Internal Revenue Code . This is so , because the law for residents anbd non -residents are quite different. So , how do you determine if you are resident as per US tax laws ? Well the Internal Revenue Code (26 US Code ) 7701