I left my husband on july 1st, with my daughter from a previous marriage with which I have custody of and I need to know if legally I have to claim married filing separately or if I am allowed to file another way. No lawyers have been hired yet to handle the divorce but do not want to file jointly with future ex. He is not to be trusted.
2006-12-26 13:21:19 · 14 answers · asked by lovemyebulldogs 1 in Business & Finance ➔ Taxes ➔ United States
You are never required to file jointly with your spouse. Since you are still married, you may not file as Single, but you may choose to file as Married Filing Separately. However, if you qualify as Head of Household, that will be a better filing status for you since there are increased deductions and credits.
If you meet all of the following requirements:
1) Did not live with your spouse at any time during the last six months of the year.
2) Paid over half the cost of maintaing a home for your child.
3) Are entitled to claim an exemption for your child.
Then you can file as Head of Household and claim your child.
If you decide you meet the requirements for Head of Household, file as soon as possible next year to avoid conflicts with your spouse's return. And have documentation available in case your filing status is questioned.
It may pay you to have your return done professionally so that if there is a challenge by the IRS, your preparer can help you respond to it.
2006-12-26 14:10:09 · answer #1 · answered by ninasgramma 7 · 0⤊ 0⤋
Unfortunately, you should have left a day earlier. Then you might have been eligible to file as head of household. There are a number of very specific requirements to file as h of h if you're still legally married, listed in 1040 instructions and in Publication 17 among other places, where you can be "considered unmarried" for tax purposes. One of those is that you didn't live with your spouse at any time during the last 6 months of the tax year. You missed that by one day.
You can file as married filing separately. Your only other legal choice is married filing joint, which you said you don't want to do.
2006-12-26 13:37:15 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
If you have NOT been living with your husband for the last six months of the year, you can file Single (if you have kids, you might can file Head of Household). Check out page 17 on the link I posted under the section called "Married Persons who live apart". It's the IRS website.
2006-12-26 13:30:16 · answer #3 · answered by Anonymous · 0⤊ 1⤋
If you were living separately for 6 mos. out of the year (which you were), then yes. But do not file married filing separately, as that his the highest/worst filing status to use--- very high tax rate! If you supported your daughter all year, you can file as Head of Household, which is a great filing status as far as tax rates!
2006-12-26 13:25:18 · answer #4 · answered by LC 2 · 0⤊ 1⤋
Married filing separate (unless you hire a hit man before 12/31)
2006-12-26 13:24:24 · answer #5 · answered by schwabapoo 2 · 0⤊ 0⤋
You can choose married filing separately as your filing status if you are married. This filing status may benefit you if you want to be responsible only for your own tax or if it results in less tax than filing a joint return.
If you and your spouse do not agree to file a joint return, you have to use this filing status unless you qualify for head of household status, discussed next.
You may be able to choose head of household filing status if you live apart from your spouse, meet certain tests, and are considered unmarried (explained later, under Head of Household). This can apply to you even if you are not divorced or legally separated. If you qualify to file as head of household, instead of as married filing separately, your tax may be lower, you may be able to claim the earned income credit and certain other credits, and your standard deduction will be higher. The head of household filing status allows you to choose the standard deduction even if your spouse chooses to itemize deductions. See Head of Household, later, for more informati
you may be able to go with head of household IF
You may be able to file as head of household if you meet all the following requirements.
You are unmarried or “considered unmarried” on the last day of the year.
You paid more than half the cost of keeping up a home for the year.
2006-12-26 13:29:42 · answer #6 · answered by G L 4 · 0⤊ 1⤋
The IRS goes off what you are on the LAST DAY of the year. If you are still married you will have to file married but seperate. Unless you can work something out with your spouse to file joint. But if you file married but seperate your spouse MUST do the same thing.
2006-12-26 13:23:41 · answer #7 · answered by ~Just A Girl~ 3 · 0⤊ 1⤋
my signif files head of household ( he is seperated, not divorced) I told him to ask to make sure that was ok they said it would be a crime if he filed single and didn't file with her or notify her
he has children aside from that marriage so for the past 3 years he has filed HH on his taxes and it's been ok far
2006-12-26 13:30:49 · answer #8 · answered by drkbabe73 2 · 0⤊ 0⤋
I regret having to tell you that you can not file as single if you were married at year end. At least not legally. Your 2 options are married filing separately and jointly. Married filing separately has certain restrictions that you need to be aware of besides probably causing you and your spouce to pay higher taxes. If your spouce itemizes deductions, then you must also and vica versa. Assuming you take the standard deduction and file separately, then your tax bill will be about $1650. Actually the same as filing as single, I believe. I think you would be much better off filing jointly. You will need to talk to your spouce about how to split the money coming back.
2016-05-23 09:17:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋
you will have to check with the state laws where u live to be sure i know in Iowa u have to be seperated 3 months then u can file single or head of household
2006-12-26 13:27:28 · answer #10 · answered by drttrkrcr8d 1 · 0⤊ 1⤋