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My husband and I are seperated. I am moving out of state and dont want to have to come back to sign the check. I had no income So I dont have to file. If my husband files seperatly do I still have to sign the check and is he still eligible for the eic since he supported us all year?

2006-11-30 10:58:00 · 3 answers · asked by greeneyes40701 1 in Business & Finance Taxes United States

3 answers

Married filling Separately can't claim EIC. If you are saying you don't want to come back to endorse the refund check, have any refund direct deposited into whichever account is appropriate. With direct deposit, there is no check to sign. If you/he would owe the IRS as long as the bank accepts the check with his signature, the IRS doesn't care about yours. For the return itself, you can give him or someone you trust in his area a power of attorney to sign the form. Another option would be for him to e-file and 'sign' with a PIN number. See page 63 of the Form 1040 instructions for more information about signing the return.

2006-11-30 14:36:01 · answer #1 · answered by STEVEN F 7 · 0 0

Are you in a community property state? That will affect your separate filing requirement, whether still married or divorced in mid year.

If you can I would file a joint return. Between the two of you, less overall tax will be due. You may not want to deal with it but you can always bargain for half of any tax savings between filing married filing separately and married filing joint.

Also you filing status (married or single) is based on the last day of the year. If you divorce before Dec 31, both of you would qualify for single filing status.

2006-11-30 11:06:39 · answer #2 · answered by zudmelrose 4 · 0 0

Married - Filing Separate returns do not qualify for EIC.

2006-11-30 11:53:42 · answer #3 · answered by Wayne Z 7 · 3 0

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