...if you and your spouse are not legally separated? My wife and I separated and I am letting her claim both of our boys. But, she is telling me that we cannot do that because there is no proof that we are separated. Please help?!?!
2007-01-29 14:38:54 · 12 answers · asked by markus 1 in Business & Finance ➔ Taxes ➔ United States
YES! If you are still married, you have to file as either married filing joint or married filing separate. YOU DO NOT FILE AS SINGLE OR HEAD OF HOUSEHOLD!!!!
Separation is not the deciding factor. It is the fact that you are still married. When you are divorced, then the filing status changes. Sorry but your wife is an idiot and she is trying to cause you a major problem.
2007-01-29 14:46:09 · answer #1 · answered by Dizney 5 · 2⤊ 0⤋
I was in the same situation. My wife had a different address so she filed single and I filed head of household and claimed the kids. The IRS says that you have to live at different addresses for at least 6 months. The only proof you have to have is an address other than the one you live at.
2007-02-05 22:19:21 · answer #2 · answered by lpn1yr 1 · 0⤊ 0⤋
You have to file married filing seperate. Neither of you at this point can claim the earned income credit. You do not need to have proof of seperating. You can claim single but it come back at you later so I would not advise it. When your divorce is final then she or you can get earned income credit. You each can claim one child at this time or even now. You can get the earned income credit after the divorce and you each can claim head of household since you will each have your own homes and you will be the main provider of that home. For more information you can call the IRS or website www.irs.gov
2007-02-05 00:14:01 · answer #3 · answered by somg_93 2 · 0⤊ 0⤋
Yes it would be illegal. If you are still married, you can file jointly or as married filing separately.
There's an exception to this if you didn't live with your spouse at all during the last half of the year, and have at least one dependent child - you can file as head of household if you provided more than half the cost of maintaining a home for that child.
2007-01-30 02:30:31 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
Unless you lived apart for the last 6 months of 2006, you have to do married filing separately or jointly. Neither one of you can claim the earned income credit (if you are eligible) NOR the child tax credit if you file separately. If you lived apart, and each of you provided homes for your children - it may be possible....see the link........last question.
http://www.irs.gov/faqs/faq-kw115.html
If you didn't live apart and you want a better understanding of how this would effect you, do your returns both ways then you can make a better decision.
2007-01-29 23:20:36 · answer #5 · answered by Missy 2 · 0⤊ 0⤋
if u r separated and did not live together for half of the tax year for which u r filing then u may file separate, but she will file head of household and with 2 depend ants, i have seen several ret where the tax prep said single and dep, this will lose the taxpayer money having dep makes u head of household
there si a filing status tutorial at
http://www.irs.gov/app/understandingTaxes/jsp/hows/tt/module05/tax_mod5_1.jsp
this may help clarify things, it is a fine line in some cases but u dont want to end up in a position of having to pay back the irs for earned inc crdt and such
2007-02-04 21:12:30 · answer #6 · answered by kay 2 · 0⤊ 0⤋
YES! If you are still married, you have to file as either married filing joint or married filing separate. YOU DO NOT FILE AS SINGLE OR HEAD OF HOUSEHOLD!!!!
Separation is not the deciding factor. It is the fact that you are still married. When you are divorced, then the filing status changes. Sorry but your wife is an idiot and she is trying to cause you a major problem.
YOU CAN GO THROUGH ITTTTTTTT
2007-02-03 10:34:40 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You can file seperate even if you are living together . . .
Married people have the choice of filing joint or seperate depending on which way gives them a better return.
Lots of people file single and claim kids, you just CAN'T both claim all the kids.
But clear this up where they really know
http://www.irs.gov/index.html
2007-01-29 23:02:00 · answer #8 · answered by kate 7 · 0⤊ 0⤋
As lond as your not married, you can file single and claim all depedents, but you will only get credit for two children. I would first call the irs and ask this general question.
2007-02-05 07:12:33 · answer #9 · answered by Lakesha D 1 · 0⤊ 0⤋
as long as you are not living at that address you have proof and if she claims the children you will claim single
2007-02-05 17:08:26 · answer #10 · answered by Pete R 1 · 0⤊ 0⤋