for the last 5 yrs. We have established our separte residence to the IRS. We are working on getting back together and want to know if we can file as joint if I move back in? We are legally married still. And will this cause another aduit?
2007-11-27 06:53:42 · 8 answers · asked by me again 2 in Business & Finance ➔ Taxes ➔ United States
If you were legally married during this time, neither of you were legally allowed to file as single unless you had legal separation papers through your local court system.
If one or both of you had a child of yours living with you for over half of the year, and provided over half of the cost of maintaining the household for that child, and you didn't live together even one day after June 30 of that year, that person could file as head of household for the year, but a person without your child living with them would have to file as married filing separately. Only if EACH of you had one of your children living with them could you each legally file as head of household.
Perhaps I'm just not clear from your question as to how you filed previous years.
All that said, if you move back in, yes you can file a joint return. Not sure what you mean by "cause another adult" - but on a joint return you will get an exemption and a $5350 standard deduction for each of you.
Good luck - I hope things work out for you.
2007-11-27 07:03:50 · answer #1 · answered by Judy 7 · 2⤊ 0⤋
Let me guess. One of you qualify for the EIC and the spouse does not. You have established separate residences and one files as Head of Household and gets the EIC and other tax benefits for the children. The other spouse has been filing as single (which should be Married Filing Separately unless you were legally separated).
If you move back together, you no longer can file as Head Of Household. You each would file as Married Filing Separately or you would file a Married Filing Joint return.
If you file a joint return this year, I don't believe that would be challenged by the IRS. What may be challenged are the prior years' returns.
2007-11-27 09:25:56 · answer #2 · answered by ninasgramma 7 · 0⤊ 0⤋
If you are legally married, you always had the choice of married filing jointly whether you were living together or not.
Keep in mind, if you share each other's home even one night from July 1st to the end of the year, you would no longer be eligible for head of household. (Your record keeping was also showing how each of you had eligible dependents living with you...will that be changing?)
The IRS reserves the right to audit you for every year and can do so for at least 3 years after you file.
Judy make an interesting point. If the children only live with you, then only you could possibly file as Head of Household. The other spouse is supposed to file as MFS (the worst tax rate) unless the two of you have been in front of a judge and gotten a legal separation (moving out doesn't count and not all states even have this) spelling out spousal support. If one of the tax returns was filed incorrectly, it needs to be amended.
2007-11-27 06:58:22 · answer #3 · answered by Anonymous · 1⤊ 0⤋
in case you and your husband stay at the same time your tax lady has brought about a huge tax challenge for you. you are able to no longer record head of better half and teenagers in case you're married except you lived aside out of your husband the final six months of the 12 months and have a qualifying infant and paid extra suitable than 0.5 of the up shop of a house for the 12 months. you are able to no longer record single in case you're legally married and married submitting one after the different is the extra severe submitting prestige for a married man or woman. you probable owe the IRS money that became into won with the aid of reality of your husband submitting head of better half and teenagers. you will desire to amend your returns so which you're legally submitting your returns and record the tax lady to the IRS so she will no longer be a paid tax preparer. in case you do no longer restoration your returns whilst the IRS catches up with you there'll be a lot of outcomes and pastime to pay. bear in mind lack of know-how of the regulation isn't a protection so the load would be on you and not the tax lady.
2016-11-12 22:14:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
filing married wont necessarily lead to an audit. Claiming children that dont live with you triggers the audits.
You can file married as long as legally married on dec 31
2007-11-27 07:19:17 · answer #5 · answered by goldenboyblue 3 · 0⤊ 0⤋
you should have been filing as married - filing separately, which happens to be the most expensive tax bracket - you might want to amend the last 3 yrs returns as married joint, so you don't get audited-you'll get money back from refunds also
2007-11-27 07:16:53 · answer #6 · answered by Anonymous · 0⤊ 1⤋
single head of household is really for single parents. if you were married you shouldn't have been filing this way. you can file as joint even if you are apart.
2007-11-27 07:26:04 · answer #7 · answered by jim06744 5 · 0⤊ 0⤋
Anytime while you are married. Yes.
Another audit? May not.
2007-11-27 06:57:39 · answer #8 · answered by ed 7 · 0⤊ 0⤋