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For the last 3 years my fiance and I have been filing our taxes under married status, but are not married. H&R Block told us we had to file like that or else he couldnt claim me and my son. We still arent married and I am working now and we were told we could file seperately. Will we owe mony if we file Head of Household and single now? How do we rectify the situation?

2006-12-31 07:55:08 · 8 answers · asked by Anonymous in Business & Finance Taxes United States

8 answers

You do not have to hire a tax attorney. They are expensive. What you need is an EA (Enrolled Agent) to prepare your taxes. Look on the NAEA web site for one near your area. EA's are licensed by the Federal Government. They are able to prepare any state taxes, able to represent you in an audit, appeals, offer in compromise, file a protest on your behalf to the IRS and are able to get information from the IRS alot quicker than most CPA's and licensed tax preparers. Additionally, they are held to a higher ethics code and must attend continuing education classes yearly as a requirement of their EA status.

It would be a good idea for you and your boyfriend to amend the prior tax returns. Who knows, you may even get more $$ back from the altered filing status if you qualify for EIC (earned income credit).

First of all, is your boyfriend the father of your son?
Even if you are all living together, you are not married and therefore should not file "Married filing Joint". If the child is not his, he may be able to claim you and your son while claiming Single with 3 excemptions.

The definition of a Qualifying Child/dependent was changed during the 2005 tax year and support is no longer one of the variables. If you all lived together for the year and you didn't earn over $3,000 during 2006...your boyfriend can claim you and your son as dependents. If you worked and made over $3,000 you should file as Head of Household, claiming your son and yourself.
Check the IRS website if you've got any additional questions.
Good luck.

2006-12-31 22:50:57 · answer #1 · answered by Meg 2 · 0 0

Contact a tax attorney or CPA. You have serious issues of tax fraud that you need to deal with. What you have done is a crime and prison time is possible. If H&R Block told you to file married when you weren't, they are also culpable in this crime. Do NOT have any further dealings with them -- get a tax lawyer and CPA. You need legal advice right now!

At the very least you are facing substantial penalties and interest for the taxes that would have been due had you filed properly. You're going to need to file ammended returns for the years that you filed with the improper filing status. You need expert guidance to sort this out so contact a tax attorney or CPA immediately. This is NOT a case for a store-front tax prep operation like Block or Hewitt.

2006-12-31 08:00:02 · answer #2 · answered by Bostonian In MO 7 · 2 0

If you don't work, then he can claim both you and your son by filing as head of household. Depending on his income, he may be entitled to the earned income credit for this year and any past years he claimed your son. You really should consult a tax attorney. If you can't afford one, check with your local library, often times there are attorneys who will take on cases pro bono (free). The library will be able to supply you with a list of phone numbers.

2006-12-31 17:51:43 · answer #3 · answered by inept_user 3 · 0 0

First of all, that person at H&R block is an IDIOT! You don not have to be married in order to claim your child at least.... I am not sure if he could have legally claimed you, but if you were working you could have either filed single or claimed your son and your boyfriend not do so. NEVER lie on your taxes. It will eventually catch up with you. You need to see a lawyer, possibly one that offers free consultation.

2006-12-31 08:05:22 · answer #4 · answered by Holy Macaroni! 6 · 1 0

For this year, file properly. That would be a start.

For the prior years, to get legal, you need to file amended returns. There will be penalties and interest on what you should have paid and didn't. You almost surely won't go to jail, since the IRS does not typically prosecute people who "'fess up" on their own before the IRS catches up to them for filing false returns.

The H&R Block person was very wrong to tell you what he/she did, and to allow you to file a false return. But it was your return, so you are primarily responsible.

2006-12-31 08:46:30 · answer #5 · answered by Judy 7 · 0 0

I tend to agree that what you have done was wrong and punishable, but don't worry, they are not sending you to jail. You do need someone to speak to the IRS on your behalf and a tax attorney would be a good idea. Good Luck!

2006-12-31 08:06:38 · answer #6 · answered by hulaguy43 3 · 1 0

Yes they will most likely deduct what you owe from your refund. And yes, that will delay your getting the rest of your refund, since it can't just flow through the system without interruption.

2016-05-23 00:13:05 · answer #7 · answered by Anonymous · 0 0

Perhaps you should read this. Hope it helps!
http://www.knowledge-wizard.com/accounting/choosing-a-business-tax-service.html

2006-12-31 08:02:39 · answer #8 · answered by Jake K 2 · 0 1

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