she is concerned about this because her has since left the house in this year not last, and he kept telling her he filed an extension which he did in fact and then he filed head of household so he could claim all expenditres and the two kids, and he just told her when he got the huge return back, and bought their son a car.
2007-08-04 18:55:00 · 6 answers · asked by texashoedowngirl 1 in Business & Finance ➔ Taxes ➔ United States
You can't file as "head of householD" when married. The IRS will catch up with him and charge penalties and interest. He's going to get arrested unless he fixes this
2007-08-05 00:55:01 · answer #1 · answered by Anonymous · 0⤊ 2⤋
He could file as Head of Household if he did not live with his spouse for the last six months of the year, and he lived in and paid the household expenses for a home that was the principal home of a dependent child for more than six months (any months, not necessarily the last six months). I can see scenarios where this is possible.
Whether he filed legitimately or not, you must determine your filing status independent of his. If you did not live with your spouse during the last six months of the year, and if you lived in and paid more than half of the household expenses for a home that was the principal residence of a child that qualifies as your dependent, then you can file as head of household.
If you believe both you and your spouse qualify as head of household, make sure you coordinate your returns so that they are consistent. If you can go to a preparer together and explain your situation, the preparer will be able to determine if there is a legitimate way you can be head of household.
If it is not possible for you to file as head of household, then you must file as married filing separately. If you are not required to file because your income is below the filing requirements, then you do not have a problem.
2007-08-05 12:28:58 · answer #2 · answered by ninasgramma 7 · 1⤊ 0⤋
Unless he moved out prior to July 1, 2006 and took one or more of the children with him, he CANNOT file as Head of Household! That is his problem, however.
If he filed his own separate return (correctly or incorrectly), her ONLY option is to file Married Filing Separately. If she has custody of the children, she should claim them. If he already did, she'll have to file a paper return. The IRS will contact both of them and sort out who is entitled to the exemptions for the children.
2007-08-05 03:00:10 · answer #3 · answered by Bostonian In MO 7 · 3⤊ 0⤋
She should claim "Married filing separately" because that is what they are. When the IRS comes around, her story will be straight and his story will be that of someone looking to cheat the IRS. He will pay the price for it.
2007-08-05 02:15:16 · answer #4 · answered by A5150Ylee 4 · 1⤊ 0⤋
If he has left, but they are not divorced or legally separated, she has to file married filing separately. If they are divorced or legally separated and she has custody of at least one of the kids, she may file as head of household.
2007-08-05 02:46:31 · answer #5 · answered by mattapan26 7 · 0⤊ 1⤋
it depends!if they live in the same household..i'd say single.if she choose to use the same status i wouldn't advise her to use the same address.if they filed differently the year before,if they filed together; they need to watch that because these are people that the irs like to audit. to keep the irs off their back, i'd suggest they also, always use the same filing status for at least 3-4 years and the same dependents. unless, they can prove otherwise(in case of an audit situation).
2007-08-05 02:12:55 · answer #6 · answered by KWILLIAMS 1 · 0⤊ 3⤋