Page 29 - Filing Status for Individuals - Handbook
P. 29

Spouse


                                                                                                      Power of attorney.


                                                                                                      In order for you to sign a return for your
                                                                                                      spouse in any of these cases, you must
       Signing as guardian of spouse.                                                                 attach to the return a power of attorney
                                                                                                      (POA) that authorizes you to sign for
          If you are the guardian of your                                                            your spouse.
           spouse who is mentally                                                                     You can use a POA that states that you
           incompetent, you can sign the                                                              have been granted authority to sign the
           return for your spouse as                                                                  return, or you can use Form 2848. Part I
           guardian.                                                                                  of Form 2848 must state that you are
                                                                                                      granted authority to sign the return.








   Spouse in combat zone.
                                                                                                  Nonresident alien or dual-status alien.
       You can sign a joint return for your spouse
        if your spouse can’t sign because he or                                                    Generally, a married couple can’t file a joint
        she is serving in a combat zone (such as                                                     return if either one is a nonresident alien at
        the Persian Gulf Area, Serbia,                                                               any time during the tax year.
        Montenegro, Albania, or Afghanistan),                                                      However, if one spouse was a nonresident
        even if you don’t have a power of attorney                                                   alien or dual-status alien who was married
        or other statement.                                                                          to a U.S. citizen or resident alien at the end
       Attach a signed statement to your return                                                     of the year, the spouses can choose to file a
        explaining that your spouse is serving in a                                                  joint return.
        combat zone.                                                                               If you do file a joint return, you and your
       See Pub. 3, Armed Forces' Tax Guide.                                                         spouse are both treated as U.S. residents
                                                                                                     for the entire tax year. See chapter 1 of
                                                                                                     Pub. 519, U.S. Tax Guide for Aliens.
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