Also, he owes back support which is deducted weekly from his paycheck. Will this affect my tax return if I marry him?
2007-06-09 06:48:38 · 6 answers · asked by AMANDA G 1 in Business & Finance ➔ Taxes ➔ United States
Your filing status is determined by your marital status as of December 31 at the end of the day. So no, you can't file as single for the year if you get married in October.
If his tax return is being seized for child support, you can file a joint return with an injured spouse form and still get your portion. The definition of "your portion" depends on whether or not you live in a community property state. You can file as married filing separately, and your refund would not be affected, but you'll probably pay more in total tax than you would on a joint return.
2007-06-11 11:49:45 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
Your filing status depends on your marital status as of December 31. If you are married as of December 31 and lived with your spouse at any time during the last half of the year, you must file as a married person (either a separate or joint return). You lose any tax benefits you had as a single parent.
If his salary is being garnished for back child support, any refund you receive on a joint return will be seized for his child support. You may be able to receive your share of the refund, as determined by the IRS, by filing an "injured spouse" request that the taxes be allocated. This is Form 8379 which would be included in your joint tax return.
Has he been filing his taxes and paying those on time? Might be worth checking out so that you will know. Any of his back taxes could also be seized from your joint refund.
2007-06-09 20:51:38 · answer #2 · answered by ninasgramma 7 · 1⤊ 0⤋
It sounds like you have been filing "head of household". Once married, you have to file as "married filing jointly" (MFJ) or "married filing separately" (MFS).
You won't be responsible for the back support if you file the correct paperwork that will have his share of your refund going to the back support and your share returning to you.
It sounds like you should sit down with a professional tax preparer to look at your options.
Look for a preparer who is an enrolled agent (EA) or in a professional organization, such as the National Association of Tax Professionals.
2007-06-09 19:53:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you are married on Dec 31 of 2007 you must file as MFJ or MFS. You can file for an Injured Spouse Allocation by using IRS Form 8379. You can review that form with the following link. http://www.irs.gov/pub/irs-pdf/f8379.pdf
You should consider having a professional prepare and file the return for you as it would be quicker to e-file the 8379.
2007-06-09 14:48:07 · answer #4 · answered by ? 6 · 1⤊ 0⤋
You file based on your marital status as of December 31st.
If it's child support he owes, that will not affect your tax return. If it's alimony, you can deduct it and is taxable to the recipient.
2007-06-09 19:44:36 · answer #5 · answered by crazydave 7 · 0⤊ 2⤋
no, you have to file as married, filing by yourself. If you get audited, you could be in trouble. Even if you get married on December 31, have a baby on December 31, etc., you still can or have to claim that on your tax return.
2007-06-09 14:03:41 · answer #6 · answered by ruca80 3 · 0⤊ 2⤋