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Tax return is ready for joint-filing. Should I just sign and send it w/o her signature? redo filing as single-head of household? Any other option? Thanks.

2007-10-14 13:27:17 · 8 answers · asked by Alejandro O 1 in Business & Finance Taxes United States

8 answers

A joint return without 2 signatures will be rejected. You are NOT single. HOH applies only if you were separated every day of the last half of 2006 (did not live together at all), AND otherwise meet the HOH tests. (See IRS Pub. 17, "Filing Status).

By default your only other choice is married filing separate. You should allocate all items of income and deduction between you and only report your portion. See Pub 504
Links are below.

Good luck!

2007-10-14 14:13:26 · answer #1 · answered by Hank Roitman, EA 4 · 0 0

Ken, Bob F is exactly right. I just want to add one thing. Filing separate returns, using the Married Filing Separately (MFS) status is almost always a bad idea. The rates are higher and some tax breaks are unavailable. The Internal Revenue Code puts few hurdles to filing jointly (MFJ), so having separate incomes, businesses, or even residences is not a problem. In all my years as a tax pro, I've only run across one case where a couple came out ahead filing (MFS), yet every year I get asked about it several times. All too often, tax preparers end up doubling as marriage counselors. Best of luck in your businesses!

2016-05-22 14:11:16 · answer #2 · answered by flor 3 · 0 0

If she won't sign, your only normal option is Married Filing Separately. You MIGHT be able to file Head of Household IF you lived apart from your wife for all of the last half of 2006 AND paid more than half of the cost of maintaininb a home for one or more dependent children. You can NOT file as single unless you are legally separated under a decee of separate maintenance as of 12/31/2006.

2007-10-14 14:17:58 · answer #3 · answered by Bostonian In MO 7 · 0 0

Redo the return as married filing separately, or head of household if you qualify. You can only file as head of household if you have a dependent child who lived with you for over half the year, and you did NOT live with your spouse at all during the second half of the year. A child you can claim as a dependent, but who didn't live with you, doesn't qualify you to file as head of household.

You can't file as single unless you have a legal separation, not just that you are physically living apart.

2007-10-14 17:07:18 · answer #4 · answered by Judy 7 · 0 0

You can't file the return without your spouse's signature on the joint (Married Filing Jointly) return. IRS will not process your return.
So file as Married Filing Separately or Head of Household (if you qualify).

2007-10-14 14:40:02 · answer #5 · answered by MukatA 6 · 0 0

Check the IRA web site or call their info line. I believe a joint return requires the signature of both parties. If one won't sign, you'll probably have to use the "Married Filing Separately" status.

2007-10-14 13:49:45 · answer #6 · answered by Anonymous · 0 0

If the business is 50-50 go ahead and file separately. You can amend later if the ex is in the mood.

2007-10-14 14:29:19 · answer #7 · answered by Anonymous · 0 0

You could file Married filing separatly and just send them in , If you are leally separated.

2007-10-14 13:34:09 · answer #8 · answered by Anonymous · 0 0

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