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No you cannot. If you are married on the last day of the year this must be your filing status. What you can do is file separately or file jointly and use the injured spouse form. This will help to protect any refund you may be due

2007-01-25 00:40:44 · answer #1 · answered by James H 2 · 0 0

the first answer is correct, you can file the Injured spouse form along with the tax return but you should file a Form 1040 (not a 1040A or 1040EZ). The sooner you file the Injured Spouse form 8379, the better because that thing takes like 3-4 months to process.
Depending on whether or not you child children or other credits, you may want to consider married filing separate because you won't get most credits and deductions but if you are expecting a refund and you don't want to wait until october before you get your refund- file Married Filing Separate. If you can wait, you're better off Filing Married Filing Joint so at least you can get the most amount of credits and deductions. You and your husband may not even end up owing.
If you don't want to waste more money, you can file for free.
Just go to www.irs.gov and it's on the front page.
You cannot file the Innocent Spouse form because that form is for people who had no idea of any illegal activity or any unreported income. That actually takes years to process sometimes. However, since you are aware that he owes money, you don't need to go through all that hassle. Believe me, just file Form 8379 along with your Form 1040. Send it as soon as possible. Don't even bother waiting until April 15th. The sooner you get it done, the better.

2007-01-23 08:53:18 · answer #2 · answered by porselin 2 · 1 0

if you were legally married as of December 31, 2006 you have to either file as married filling jointly or married filing seperately. Your best bet is probably going to be filling married, joint return and including an injured spouse form so that you will get your share of the tax return. The drawback to this is that tax places (H&R, Jackson Hewitt, etc) charge extra for filing this form with your taxes.

2007-01-23 08:42:10 · answer #3 · answered by Wabbit62 1 · 0 0

No, you cannot. You have to either file as married filing joint, or married filing separate. You can file an injured spouse form to keep your refund separate from his.

2007-01-23 08:39:42 · answer #4 · answered by jseah114 6 · 1 0

No but you can try the innocent spouse form

2007-01-23 08:41:36 · answer #5 · answered by Julie 3 · 0 1

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