2006-09-30 14:46:14 · 20 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
There are two issues...your W-4 and your 1040. I'm not sure which you are referring to, so I'll give you both.
You can still claim to be Single on your W-4 even after you are married. What you put on your W-4 determines how much will be withheld and given to the IRS each pay period on your behalf. This is credited to you when you file your taxes.
As far as your 1040, if you are married, then you must file together as Married Filing Jointly or separately as Married Filing Separately. The latter choice is rarely a better one and usually leads to a much smaller refund.
You are not alone; a lot of married couples ask this question. One big reason to ask is because your new spouse may owe child support, and as we all know, whatever is owed comes right out of the tax return. To protect yourself in this situation, you should still file as Married Filing Jointly, but include an "Injured Spouse" application. This is a petition to the IRS to divide the refund between you and your spouse and to only have their half taken for child support and you still get your half of the refund. Keep in mind that this is a petition and is no guarantee that the IRS will divide the refund. But in the vast majority of circumstances, they go along with the petition.
Finally, if you are married, but not living with your spouse at any time during the last 6 months of the year AND you pay 1/2 or more of the costs to maintain a home AND you live with your qualifying child for more than 1/2 of the year in the aforementioned home...then you can file as Head of Household instead of Married Filing Separately. Your spouse will still have to file as Married Filing Separately unless he/she separately qualifies for Head of Household. Under no circumstances can a person who is marred file as Single until they are no longer legally married.
Hope this helps :)
2006-10-01 06:11:37 · answer #1 · answered by TaxMan 5 · 1⤊ 0⤋
Yes, but why? There are financial advantages to filing jointly--and even if you marry on December 31, you can do this.
No matter how late in the year you "make it legal," the law considers you the same as if you'd married on January 1 of the tax year--in this case, 2006.
2006-09-30 14:57:03 · answer #2 · answered by Chrispy 7 · 0⤊ 1⤋
I wouldnt, because you get a better tax rate when you file jointly as a married couple. THere are some exceptions to this but in general you will get better tax rate as a married couple.
2006-09-30 15:06:41 · answer #3 · answered by mo_nut53 4 · 0⤊ 0⤋
Assuming that you've been unmarried on the top of 2006, you'll record as unmarried for that 12 months. in the adventure that your father and mom qualify to declare you as a depending, then certain they could, and declare the EIC with you as a qualifying baby in case you meet each and each of the regulations. At age 23, you'll only qualify in case you've been an complete-time student for a minimum of 5 months of 2006. Your getting married in 2007 would not replace some thing tax-sensible for 2006.
2016-11-25 19:37:33 · answer #4 · answered by yao 4 · 0⤊ 0⤋
How to File Taxes if Married Filing Separately
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Difficulty: Moderate
The "married filing separately" status has high tax rates and few benefits. Yet there are good reasons for some married people not to file jointly.
Decide Against Filing Jointly
Steps
Determine how your spouse prefers to file. You must both agree to file either one joint return or two separate returns.
Determine whether your spouse will have a large tax bill. If you file separately, you are responsible only for your own tax bill.
Discover whether your spouse is lying to avoid a tax bill. If you file separately, you are not liable for your spouse's lies.
Calculate the tax bill using each of the married filing statuses. In some rare cases, a couple's total tax bill can be lower if both file separately.
Determine whether you should file separately from your spouse. If the answer is yes, go to Section 2.
Tips & Warnings
When one spouse in a two-income family has a much higher income and more itemized deductions than the other spouse, filing separately might save money.
The "married filing separately" status is also used in cases in which it is judicious for spouses to keep their finances completely separate.
You and your spouse can change from "married filing separately" to "married filing jointly" any time within three years after the due date of the return. Amend a past year's return using form 1040X.
You cannot use the standard deduction when filing separately if your spouse itemizes deductions. This can mean zero itemized deductions.
Some credits cannot be used at all if you file separately. These include earned income credit, education credits and child care credit.
Most benefit limits are half as much when you file separately as they are when you file jointly. These include the tax-free exclusion of gain on sale of your home and passive activity losses for rental property.
Rules about separate and community income can be tricky in community property states - Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. You may need to see a tax professional.
Determine Whether You Are Considered Married
Steps
Determine whether you were legally married on December 31 of the tax year. If unmarried, try the "single" or "head of household" status.
Determine whether you were legally separated under a separate maintenance decree issued by a court as of December 31 of the tax year. If you were legally separated, try "single" or "head of household."
Determine whether you are considered unmarried. You are considered unmarried if you paid more than half the cost of keeping up a home for your child and did not live with your spouse for even one day during the last six months of the tax year. If you are considered unmarried, try "head of household."
If you determine that you are considered married for the tax year, check the box for "married filing separately" on line 3 of the 1040 or 1040A form.
Tips & Warnings
"Head of household" is better than "single," and "single" is better than "married filing separately." Always use the best filing status available.
You are considered married for the tax year in the year your spouse died unless you remarried during the tax year or you fit the "considered unmarried" category.
Overall Things You'll Need
Financial Calculator
IRS Forms
Financial Statements
Paper And Pencils
Tax Preparation Software
Topics Address
Filing income taxes
How do I determine my tax filing status?
Tax filing tips
Choosing a filing status
Should my spouse and I file jointly or separately?
2006-09-30 14:50:54 · answer #5 · answered by croc hunter fan 4 · 0⤊ 2⤋
You can put single on your W-4 so more money gets withheld, but when you actually file your taxes, you have to put married.
2006-09-30 14:55:07 · answer #6 · answered by Tish 5 · 2⤊ 0⤋
No, but you can file married but filing separately. I have a question though, why would you want to file separately? It's usually better if you file jointly. If you have any questions though you can always call the IRS, or email them. They are very helpful, really. Check out their website, it has lots of information no matter what your questions are.
2006-09-30 14:54:02 · answer #7 · answered by Sonia Jo 2 · 1⤊ 1⤋
Yes, you can file as single. Then, you will be charged with filing a false tax return, and all hell will break loose.
But, yes, the choice is yours.
2006-09-30 14:54:26 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Not legally... you can file married "separately" but only under RARE circumstances is it worth it to do so.
Do not be stupid and choose the wqrong filing status. The IRS will find out, and if you file a fraudulent return... it's no fun at all.
2006-09-30 14:51:04 · answer #9 · answered by boj12345 2 · 3⤊ 1⤋
NO.....married can only file as married or married filing separately.
2006-09-30 14:50:03 · answer #10 · answered by Anonymous · 2⤊ 0⤋