My husband has past student loans that I don't want to have to pay for. I was the only one who worked last year.
2007-01-20 17:44:04 · 5 answers · asked by fedupwu 3 in Business & Finance ➔ Taxes ➔ United States
Yes. Someone who files as married filing separately can't get the EIC. And the responder who said you can file as head of household is not correct - someone married and living with their spouse can't file that way.
You do have a good option though. File an injured spouse form. This form splits out the refund depending on whose income it's due to - the party who does NOT owe the debt gets their refund. If you were the only one who worked, the refund would basically be due to YOUR income so you'd still get it.
At some point, though, he IS going to have to pay back those loans.
2007-01-20 17:59:14 · answer #1 · answered by Judy 7 · 1⤊ 1⤋
If he had no income, then the injured spouse allocation should give you all your refund. File with him in order to take advantage of the standard deduction of $10,300 and get his exemption too. Plus a joint return will qualify for EIC.
Attach Form 8379 Injured Spouse Claim and Allocation.
File as Head of Household only if you did not live with your spouse at any time during the last six months of the year, and you do not want to take advantage of the tax benefits of filing with him. Even if you did not live with him, you can file a joint return with him.
2007-01-21 02:03:30 · answer #2 · answered by ninasgramma 7 · 0⤊ 0⤋
Unless you're an abandoned spouse and qualify for head of household under those rules, then yes! You must file MFJ to get the EIC. Single does not qualify!
2007-01-21 01:56:31 · answer #3 · answered by Honesty given here! 4 · 0⤊ 0⤋
You can file Head of Household, I believe. Meaning you were the one "bringing home the bacon".
Look around here : http://apps.irs.gov/app/eitc2006/CalculateAgiExpense.do
I found it to be helpful.
2007-01-21 01:52:37 · answer #4 · answered by ★Fetal☆ ★And ☆ ★Weeping☆ 7 · 0⤊ 1⤋
Please research this question at irs.gov for accurate answers.
2007-01-21 01:52:12 · answer #5 · answered by kearneyconsulting 6 · 0⤊ 0⤋