My husband and I are separated but we have not filed divorce papers yet. We have been separated since very early this year and I moved out with our daughter at the end of April. We didn't know what way was the best way to go with filing our taxes so we thought if we held off on filing for divorce until either late this year or early next year we would file our taxes as married one last time and split the return. My question is, is that right now on my W2 I have listed my daughter and him as dependents and I have no withholdings (I don't make that much). Should I change my W2 in January to Head of Household and drop him as a dependent then? Or what? I'm confused.
Can any one educated in this area give me some advice?
2007-10-15 06:37:47 · 6 answers · asked by constantdreamer82 1 in Business & Finance ➔ Taxes ➔ Other - Taxes
First of all, it doesn't matter when you FILE for divorce. As long as the divorce isn't finalized before the end of the year, you can still file a joint return if you can agree on it.
If he is also working and showing himself on his W-4, you shouldn't have him also counted on yours. But yes, by January, change your W-4 to head of household/2 allowances (yourself and your daughter). If your daughter is under 17 and will be your dependent, you could take a couple more allowances due to the child tax credit.
Good luck.
2007-10-15 07:05:53 · answer #1 · answered by Judy 7 · 1⤊ 1⤋
OK, first off, you say you haven't filed yet. Do you mean that you haven't filed your 2006 return yet? If so, you are WAY late on that and need to get it filed ASAP as it was due 6 months ago. Your options on filing that return are Married Filing Jointly or Married Filing Separately.
Since you are now separated and have lived apart from your spouse for the entire last half of 2007 and have custody of your child you can file as Head of Household for 2007 when you file your return next year. However you and your estranged husband can still file a joint return for 2007, assuming that you are not divorced by the end of the year. That will probably save you some money between the two of you, if you can agree to file that way. If you're divorced by the end of the year, you'll file as Head of Household and he'll file as Single. If you're not divorced and cannot agree on filing a joint return, you'll file as Head of Household and he'll file as Married Filing Separately. This will cost him some $$$ so you might use that as a bargaining chip if he's being difficult.
You don't list anything on a W-2 yourself. A W-2 is what your employer will send you in January listing your income and withholdings. You must mean the W-4 you filed at work. Since you will not be claiming your estranged husband as a dependent or filing jointly with him, you should adjust your W-4 to show Single filing status and 3 withholding allowances. Leave it that way in January as well, it's the correct way for your situation.
2007-10-15 14:14:38 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
W-4 is the form you fill out for with holdings. There is no "head of household" designation, just married or single.
Anytime you want you can change your w-4 to single to reflect a larger tax debt and more with holdings. I wouldn't worry about this until next year. There are no laws concerning the form so don't worry about it.
As for year end, no matter what you will be filing Married. Either married and joint, or married and separate. Figure taxes both ways to see how you should file.
Good luck
2007-10-15 07:08:57 · answer #3 · answered by Gem 7 · 0⤊ 1⤋
If you were separated before June 30, you can file as Head of Household. This will allow you a higher standard deduction than Married filing Separate. It will also allow you to get the EIC if you qualify. You can't get EIC if you file as Married Filing Separate. You can also use the standard deduction even if your spouse itemizes, something you can't do if married filing separate.
If you file as Head of Household, your spouse's filing status is Married Filing Separate. You will get a bigger refund than Married filing Separate, and possibly bigger than Married Filing Joint.
Try figuring it out all three ways to be sure.
2007-10-15 14:08:44 · answer #4 · answered by Mark S 5 · 0⤊ 0⤋
Money made from babysitting regularly IS taxable income. If you were babysitting regularly in 2005 and didn't report it, that's tax evasion. You might or might not get caught, but it's still illegal not to claim it and pay the taxes due. And if you had ANY reportable income for the year, even if under the $3300 limit, then no, he can't legally take your exemption. Why don't you just file a joint return?
2016-03-12 23:30:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You can not file as Head of Household because of your martial status. Filing Married filing separately is the least desirable filing status to use. Get divorce before Dec 31st. Then you may qualify to file as Head of Household because of your child and you maintained a household. You will be in a better financial position.
2007-10-17 14:34:44 · answer #6 · answered by Gary 5 · 0⤊ 0⤋