I HAVE BEEN HAPPYLY MARRIED FOR ALMOST 2 YEARS NOW. MY WIFE AT SOME POINT OWES THE IRS/GOVERNMENT FOR STUDENT LOANS. LAST YEAR WHEN SHE FILED SHE HAD NO RETUNE BECAUSE OF HER DEBT. SHE FILED MARRIED/HEAD OF HOUSEHOLD. I IN TURN WHEN I DISCOVERED THIS I FILED MARRIED/ FILING SEPARATE AND I HAD MY RETURN AS DUE. SO MY QUESTION IS IF WE FILE JOINTLY THIS TIME WILL THEY TAKE WAY MY OWN SHARE OF RETURN DUE BECAUSE SHE IS STILL OWING THE GOVERNMENT AND HAS NOT FINISHED PAYING HER STUDENT LOAN. WHAT WILL IS BE IF WE BOTH FILE MARRIED BUT SAPERATELY. EITHER WAY WHICH WAY WILL I GET THE BEST OF MY RETURN. IF WE ARE TO FILE SAPERATELY WHO HAS TO FIL AS HEAD OF HOUSEHOLD AND WHAT WILL BE THE ADVANTAGE IN TERMS OF THE MOST MONEY WE/ I CAN GET FROM MY RETURN. (Sorry for the caps I had already typed in the question)
2007-01-13 10:40:09 · 5 answers · asked by fun_easyintelligent 2 in Business & Finance ➔ Taxes ➔ United States
oh brother time to be brutal AGAIN.
EVERYTHING YOU NEED TO KNOW IS RIGHT HERE!
http://www.irs.gov/publications/p501/ar02.html#d0e1262
if you are MARRIED YOU CANNOT FILE AS HEAD OF HOUSEHOLD. MARRIED FILING JOINT OR SEPERATE IS ACCECPTABLE. YOU ARE BETTER OFF FILING JOINTLY
2007-01-13 10:45:31 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If you are married and have lived together any of the last six months of 2006 you must file either MFJ or MFS. The later being a very bad thing in most cases. If you file MFJ you may have some relief from your situation by filing an Injured Spouse Allocation request (IRS Form 8379). If accepted the IRS would only take any refunds based on her income. The down side is that request takes from 11 to 14 weeks to process once the IRS receives it. There are some rules that are a bit complex but the site below will provide a copy of the form and instruction.
http://www.irs.gov/pub/irs-pdf/f8379.pdf
2007-01-13 11:22:20 · answer #2 · answered by ? 6 · 1⤊ 0⤋
There is no such status as married head of household. If you're married you can't file as head of household, you can only file jointly or as married filing separately. If your wife filed last year as head of household, she broke the law since head of household is only allowed if you are NOT married, and she would be wise to amend her return before the IRS catches up to her. They might or might not, since they don't go around checking marriage licenses.
That said - you do have some options. If you file jointly, there's a form called Injured Spouse, form 8379 http://www.irs.gov/pub/irs-pdf/f8379.pdf - you would file this form to indicate how much of the refund is due to your income and how much due to your wife's. Your part would be protected from being grabbed for her debt.
You can also file as married filing separately, but that will probably cost you more in taxes. Filing form 8379 will cost you some time. Your call.
2007-01-13 14:45:55 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
Nothing like a surprise after you are married, huh?
Depends on what state you live in. Most states, you can get relief as an INJURED Spouse. You'll get the IRS's allocation of what portion of the refund belongs to you, not her.
But, in the long run, you may be jointly better off settling the debt and stop accruing interest. Hopefulyl you are married for the long run.
2007-01-13 12:13:08 · answer #4 · answered by WealthBuilder 4 · 0⤊ 1⤋
You are married now, so her money is your money and her bills are your bills. They have to be paid, you might as well help her out.
2007-01-13 10:44:44 · answer #5 · answered by bluemug2 2 · 1⤊ 0⤋