My husband and I are still married. However, I'm staying with my mom while he remains in our home. We don't want to do a legal separation because we are in the process of working it out. So, do we file head of household?
2007-02-21 00:53:10 · 7 answers · asked by mrsoliver727 1 in Business & Finance ➔ Taxes ➔ United States
File as Married Filing Jointly since you were still legally married on December 31, 2006.
You do not mention any dependents (children). In order to file as Head of Household you must have at least one dependent.
2007-02-21 00:59:20 · answer #1 · answered by Robert in Nuuanu 3 · 1⤊ 1⤋
If you have no children, you cannot file as Head of Household. If you do have children, you must have lived apart from your spouse for the entire last half of the tax year and the children must have lived with you.
Without children, your only options are Married Filing Separate or Married Filing Jointly. Even though you are not living together, you still can file a joint return and you will generally pay much less tax by doing so.
2007-02-21 01:01:49 · answer #2 · answered by Bostonian In MO 7 · 2⤊ 1⤋
The way you filed is ok, but it might not be the best way. If you were legally married on 12/31/08, your options, based on your situation, are: 1. Husband files HOH. You file MFS 2. You both file MFS or 3. You file MFJ. A married couple can always file a joint return. You didn't give enough information, but I suspect that a joint return might be the best way for you. You can amend your returns and file a joint return. I would complete a joint return to see if that gives you a better joint refund than the way that you filed.
2016-05-24 01:55:04 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You can file a joint return if you can agree to - otherwise file as married filing separately.
If you did not live together at any time since June 30 (even one night), if one or both of you have had a dependent child living with you for over half of the year, and provided more than half of the cost of maintaining the home for that child, then that person can file as head of household. Otherwise, no you can't file Hof H.
Good luck on getting things worked out.
2007-02-21 11:00:23 · answer #4 · answered by Judy 7 · 0⤊ 1⤋
In order to qualify as a Head of Household, a person must have a qualifying dependent. If you and your husband are childless, you can file married filing jointly or separately.
If you are indicating that you have enough children to qualify you both as HOH, you are really swimming in murky waters. And, will probably be flagged by the IRS. Especially since you will be changing status and dependents claimed.
If you are working it out, I would recommend filing MFJ and agree to the disbursement of any refund.
If you file MFS, and you do have children, mortgage interest, tuition etc, you will both lose these credits.....
good luck & blessing
2007-02-21 01:12:21 · answer #5 · answered by Wood Smoke ~ Free2Bme! 6 · 0⤊ 2⤋
No, you file as a married couple or as married but filing separately.
2007-02-21 00:57:11 · answer #6 · answered by J F 6 · 0⤊ 0⤋
No...you either would file married filing seperatel or even a joint filing.....talk with a tax preparer....if you have kids..it may be more beneficial to file jointly and split the refund.
2007-02-21 01:02:01 · answer #7 · answered by Anonymous · 1⤊ 1⤋