I have 2 children and my daughter is not my husband's. I am solely financially responsible for her. I called the local tax office and they did not help me much. They said that filing married but seperate was not good. Help!!!!
2007-11-26 07:21:36 · 9 answers · asked by Christian girl 1 in Business & Finance ➔ Taxes ➔ United States
My husband did not file his taxes last year and owes the IRS. I do not know what to do. I have two children. My daughter is not his child. Would I be able to claim my daughter since she is not my husban's child and I am financially responsible for her? Help!
2007-11-26 07:30:40 · update #1
If you and your husband live together, you generally only have two valid filing options:
1) MFS with limited deductions and potentially higher tax bill.
2) MFJ with possibly a larger refund that the IRS will attempt to take for back taxes. There is a form 8378 (injured spouse) that says if the back taxes are his alone, you'd like the IRS to allocate the current year's refund into your share and his share and you would like your share back.
If you live in a non-community property state and worked during the year, this form may refund you some money over and above what a MFS return would have done.
If you live in a community property state, the refund allocation is covered by state law and California, Idaho, Louisiana and Texas allow for the IRS to take the some or all of the refund belonging to the injured spouse *anyway.*
2007-11-26 19:33:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
As a tax specialist, I can tell you filing married and seperately is your best choice! This is the only way you will be able to redeem your credits that are due to you. If you file married jointly, then his debts are your debts unless you file a document stating that your husband's debt is his and not yours. That is an option, but he has to agree. If you want to do it on your own, this year it would be best to file seperatley, make sure he pays his debts and file jointly next year. Call or go to your local H & R Block office. Someone there will be more than willing to speak with you!
2007-11-28 09:52:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Your husband needs to file, make payment arrangements (a payment plan) with the IRS. The longer he waits the more interest and penalties he will pay. Meanwhile file your taxes as married filing separately but this is the least desirable filing status to ever use. Your husband is put himself and his family in a very awkward financial situation.
2007-11-26 08:10:41 · answer #3 · answered by Gary 5 · 0⤊ 0⤋
You can still file a joint return, but if he owes taxes from previous years any refund could be taken for what he owes unless you file an injured spouse form.
Married filing separately usually results in higher tax total than filing a joint return. But if your husband is self-employed and doesn't plan to report all of his income, filling separately will protect you from being responsible for his evaded taxes.
You could claim both children on your return, as long as he doesn't also claim them. If you file a joint return though you'll claim them both together, even though he isn't the father of your daughter.
Filing a joint return for THIS year does not make you liable for his overdue taxes from a previous year unless you filed a joint return for that year also. If you live in a community property state though, be aware that there are different rules.
2007-11-26 11:03:00 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
Married filing seperately produces the highest tax burden on the filer. But if you're husband was supposed to file and did not, then married filing seperately may be the only way to keep you safe from penalties, etc for his lack of filing.
2007-11-26 07:27:30 · answer #5 · answered by ceejade 3 · 0⤊ 0⤋
File jointly and get all the deductions you can; as the parent you are entitled to them regardless of how you file. But be aware that the IRS will link your return to his past debt and take any refund owed. This is okay; you are now jointly responsible for the debt since you married him. You need to get this behind you as the IRS is relentless. You may be able to get a tax attorney who can settle his debt for a lower amount but if it isn't as much as the attorney fees, why bother?
Since taxes aren't due until April, finding out what he owes now and getting a loan to pay it off might make more sense. the penalty keeps growing.
2007-11-26 10:12:16 · answer #6 · answered by Huba 6 · 0⤊ 1⤋
I'm afraid that "as his spouse" you will have a large burden on your life when he is caught for tax evasion.
However... To better protect yourself, you can file (and pay more) by filing a 1040X for yourself for last year and file "married and filing separately" In which case you would claim your daughter as your dependent alone.
But, I would encourage him to do it first.... filing your 1040X as a couple "jointly" will end up being the best option for you both in the long run. (In which case you would claim her as dependent jointly)
Honestly: Do your taxes both ways.... Look at the bottom line of what you would pay in both scenarios, and make your decision based on that.
2007-11-26 07:30:50 · answer #7 · answered by Andrew Wiggin 4 · 0⤊ 0⤋
File joint married and you would be able to reap the deductions of the dependants and the standard deduction. Married filing seperately does not allow you to take advantage of these.
2007-11-26 07:26:47 · answer #8 · answered by nated0757 1 · 0⤊ 0⤋
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2017-03-03 11:22:57 · answer #9 · answered by ? 3 · 0⤊ 0⤋