My husband and I separated April of last year but never filed for divorce because it was just to see if that's what we really wanted. So I moved out with my two kids. We were both on good terms about this and remained good friends and not just because of the kids but because we genuinely love eachother as friends but just didn't quite work together as a married couple. After 9 months separated we decided to start "dating" eachother, if that makes any sense, and kind of start fresh and see if our marriage is worth saving. To ask my initial question, would we have been able to file for a joint income tax return even though we lived in separate places? We both lived together in Omaha, NE and I moved back to Council Bluffs, IA when we separated, which they are basically border towns and its common to go back and forth between cities throughout the day or week.
2007-04-29 07:04:18 · 6 answers · asked by Jessica 1 in Business & Finance ➔ Taxes ➔ United States
Well, basically we are back together although we're not treating it as being married but rather as boyfriend and girlfriend with no dependency on eachother with the exception of our children. But because we are still legally married (we're both still not sure about divorce and are taking it slowly right now) I was wondering if we could file jointly as it would help us out because we would get back money we would agree to split that we otherwise would not get as much if we filed separately. I just don't know if it matters that he lives in one county and I live in another.
2007-04-29 07:41:39 · update #1
Generally, you can file a joint return if you want to.
By filing separately, you lose some deductions, but you could possible gain some advantages.
If you file separately (MFS) and one of you itemizes deductions (mortgage interest, real estate taxes, etc) then both of you must itemize. You cannot claim the EIC (Earned Income Credit) when you file separately.
If you were separated from July 1 until at least December 31, the person that had the children living with them would qualify as Head of Household. This allows you to use a higher standard deduction than MFS even if the other itemizes deductions. You could also qualify for the EIC.
I would go to a qualified tax preparer to discuss your options.
As far as state returns are concerned, did you change your residency to Iowa? if you did then, you would have to file separate state returns. If you didn't, then you could file joint state of NE and a separate IA
NOTE: some states require you to use the same status as on the federal. This would change my answer above.
NOTE 2: You cannot change filing status from MFJ to MFS after the due date of the return. (April 18 for 2006 returns) but you can amend fro MFS to MFJ after April 18.
See this link:
http://www.irs.gov/pub/irs-pdf/f1040x.pdf
2007-04-29 07:33:05 · answer #1 · answered by Mark S 5 · 2⤊ 0⤋
One more thing in addition to the good answer you already got. If are legally separated (some states have that) rather than just living separately, then you can probably file as single. And if you have lived apart since June 30 of the year and one of you has a dependent child you're providing a home for, that person might be able to file as head of household.
2016-05-21 06:09:35 · answer #2 · answered by glenna 3 · 0⤊ 0⤋
If still legally married I believe you can file a joint return BUT you both must sign it which could be an issue and where does the check goes and how do the two of you share in any return. And, if there is money owed, is it split equally between the two of you?
If you file separately, I believe that you are only basing the reporting on your income and ability to itemize. If his income is significantly more than yours, you will be substidizing his tax costs.
You have started a new life, a new path of independence. I would be an independent adult and file separately unless a qualified tax accountant told you to file jointly. Go see a tax accountant!
2007-04-29 07:11:11 · answer #3 · answered by banananose_89117 7 · 0⤊ 2⤋
Yes, you can file a joint return, since you're still legally married - you don't have to be living together.
If you already filed separately for this year or last year, you can amend the returns to make them a joint filing.
Good luck, in your taxes and your lives...
2007-04-29 11:45:14 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
You can file married joint or married separate. YOU HAVE TO FILE AS MARRIED BECAUSE YOU ARE STILL MARRIED!
2007-04-29 22:41:51 · answer #5 · answered by JessicaRabbit 6 · 0⤊ 0⤋
NO YOU CANT
2007-04-29 07:09:52 · answer #6 · answered by wright_laquasia 1 · 0⤊ 6⤋