i know a person who files head of hold single to get earn imcome credit and has 2 kids but the husbands files for the other kid. if irs finds out what will happend?
2007-09-04 08:31:51 · 6 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
Can you say "Tax Fraud"
2007-09-04 08:47:06 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If you are married, you status can only be Married Filing Jointly or Married Filing Separately. If your status is Married Filing Separately, you are not eligible for Earned Income Credit.
Your status can be Head of Household if you are "considered unmarried' on the last date of the year. For this:
1. You file a separate return.
2. You paid more than half the cost of keeping up your home for the tax year.
3. Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances.
4. Your home was the main home of your child, stepchild, or eligible foster child for more than half the year.
5. You must be able to claim an exemption for the child. However, you meet this test if you cannot claim the exemption only because the noncustodial parent can claim the child using the rules for Children of divorced or separated parents.
If the person (you are referring to) has claimed the status she is not eligible for, it is better to consult a tax consultant.
2007-09-04 09:42:28 · answer #2 · answered by MukatA 6 · 0⤊ 0⤋
in the event that they are separated even and not using a legal separation, yet are nevertheless married, the only way they might legally report as head of enjoyed ones is that if (a million) they have not spent even one night jointly after 6/30 of that tax 365 days, and (2) they have a qualifying newborn residing with them for over 0.5 the 365 days, and supply over 0.5 the cost of conserving up the residing house. non everlasting absences do no longer qualify, so it relies upon on why they are residing in distinctive places. So if each and every has considered one of their little ones residing with them, this is legal to the two report as HofH assuming they are separated and not in effortless terms residing aside for motives like artwork area, in any different case this is not. if your pal does qualify for HofH on her submitting, she ought to placed single on her W-4.
2016-12-16 11:16:53 · answer #3 · answered by cosner 4 · 0⤊ 0⤋
you can not do this and if you did you should file an amended return immediately form 1040x
tax law says if you are married you only have two choices married filing jointly or married filing separately
If you were legally separated for than 6mths out of the year that would be a different situation
2007-09-07 06:36:38 · answer #4 · answered by taxpf 1 · 0⤊ 0⤋
At a minimum, they would have to pay back any money they got illegally, plus penalties and interest, and would not be allowed to claim EIC for a number of years after that even if they were otherwise eligible.
Someone could go to jail over this, but probably wouldn't.
2007-09-04 09:37:17 · answer #5 · answered by Judy 7 · 1⤊ 0⤋
it depends upon their exact tax situation (there are odd cases where people qualify as single for tax purposes).
Possibly nothing will happen, possibly tax fraud and an audit.
2007-09-04 08:57:53 · answer #6 · answered by nova_queen_28 7 · 0⤊ 0⤋