We are separated and I filed head of household. So, how will he have to file?
2007-02-03 01:53:46 · 6 answers · asked by ScLaDy 1 in Business & Finance ➔ Taxes ➔ United States
You should have thought about that before you filed. If he can prove that he provided for more than 50% of your household then you are the one that may have the problem.
2007-02-03 01:58:41 · answer #1 · answered by Monte T 6 · 0⤊ 2⤋
If you and your husband did not live with each other for the last six months of the year and you have a qualified dependant, and you paid for over half the cost of keeping up the home for which your children reside for more than half the year, then you can file head of household. He then will file according to his status, single or head of his own household, whichever he qualifies for. If you were still living together at any time during the last 6 months of the year, then you both must file married filing separately, if you can't come to an agreement to file jointly.
2007-02-03 02:06:52 · answer #2 · answered by Simply_Lady_Blue 2 · 1⤊ 0⤋
If there are children living with you - you can file "head of household". So can he, for that matter. Filing head of household just means you have children in your care, living with you. It's actually unrelated to your marital status.
edited to add - read Bostonian's answer down there...there are some rules about filing head of household if the two of you were together at some point during the year.
If either of you are living without any minors in your household, then you file "married filing separately"
2007-02-03 02:01:13 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Can't say from the information that you provided. There are many factors that have to be considered. When did you separate? Do you have a legal separation under a decree of separate maintenance? How many children do you have? Who did they live with and for how much of the year? Who provided support for the children? Did you live together at ANY time during the last half of 2006?
If you are entitled to file HoH, i.e. you lived apart from your estranged husband for the entire last 6 months of 2006, maintained a home for one or more eligible persons (usually your children) and provided more than half of their support, you don't need to worry about how he files.
But, lets turn things upside down for a moment. Let's say that you're not actually eligible for HoH because HE has the children but you did live apart for the entire last half of 2006. In that case, he is entitled to file HoH and you would have filed a fraudulent return. You should be very afraid because when he does file. You'll both probably be hearing from the IRS and he will win.
It's also possible that you both could file as HoH. If you split custody of 2 or more children, and lived apart for the entire last half of 2006, you BOTH could file as HoH.
But let's say it's typical with you having custody of the children. If you have a legal separation under a decree of separate maintenance you'd file as HoH and he'd file as Single. If you don't have a legal separation under a decreee of separate maintenance then you'd file as HoH and he'd file Married Filing Separately.
If you don't have a legal separation but lived together at any time during the last half of 2006, neither of you can file as HoH, you both must file as MFS.
2007-02-03 02:15:48 · answer #4 · answered by Bostonian In MO 7 · 3⤊ 0⤋
I filed on 2/5 and time-honored on 2/5.. nevertheless no dd and we are nevertheless no longer able to reserve my transcripts I somewhat have not seen anybody else from diverse web content that have filed after feb 4 th get a dd yet. it sort of feels that peeps from jan 30 by using feb 4 who filed have been given dd this week everywhere from feb 12 or 13.. I spoke to an easily IRS rep the day earlier at present on the telephone and he pronounced each little thing replaced into suited with my return he observed no matters and that i purely might desire to grant them time to wind up! yet actual it is problematical possibly we can all get a dd at present on wmr internet site for the 14 or 15 or sixteenth... conserving my palms crossed stable success everybody
2016-12-16 20:10:34 · answer #5 · answered by ? 4 · 0⤊ 0⤋
His only legal option is married filing seperate, UNLESS he has children/dependants living with him that would qualify him for Head of Household.
2007-02-03 01:58:51 · answer #6 · answered by Mrs Tax Lady 1 · 0⤊ 1⤋