I am only going to be married 21 days at the end of the tax year and im not really sure how i am supposed to file. He did not have any income this year due to an injury and will not be filing a tax return. It was told to me that because we will not have been married for 6 months of my income earning year that i can file Head of Household. Is this true and can i claim his daughter who he has full custody of because i have been supporting her during this year.
2007-12-19 18:26:36 · 5 answers · asked by Kali 1 in Business & Finance ➔ Taxes ➔ United States
Congratulations, you are married, you may file a married filing joint return. It does not matter that he did not work this year.
I am thinking that the three of you are all US citizens (or resident aliens). As the three of you have been living together since you got married, you are *not* eligible for head of household status. (To be eligible, the first requirement is that you did not live together a single night from July 1st to December 31st.)
If you do not file with your husband, your only filing choice is married filing separately. You could claim your stepchild if you meet all of the qualifying child rules as well as possibly claim your husband's exemption (I don't think anyone else supported him this year), but the tax return will generally not result in as large a refund as an MFJ return.
2007-12-19 19:19:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
What is your martial status as of Dec 31, 2007? If you are married even on Dec 31st then you can file either "Married Filing Separately which is the least desirable filing status to use or "Married Filing Jointly". You have two choices since you are now married. Married Filing Jointly is your best situation.
2007-12-20 21:24:28 · answer #2 · answered by Gary 5 · 0⤊ 0⤋
If you are married as of 12/31 your only options are Married Filing Jointly or Married Filing Separately. You will normally pay the least tax filing a joint return. You can file jointly even if only one of you had income for the year.
If you file a joint return, you will claim the child on your joint return, assuming that she lived with him for more time than she lived with her mother. (If you were not married, you could not claim the child but he could.)
You cannot file as HoH since you are married and live with your spouse.
2007-12-20 06:46:18 · answer #3 · answered by Bostonian In MO 7 · 0⤊ 0⤋
File jointly, claim the daughter. Simple as that. filing married jointly will give you a bigger return and tax break than head of household, and you claim his daughter. Unless you made more than $51,000 you also qualify for earned income credit and child credit, and if you claim it you'll get roughly a grand more on your refund check.
2007-12-20 05:31:43 · answer #4 · answered by Devil D 1 · 0⤊ 2⤋
your FILING STATUS is the actual status on DEC 31 at midnight. You can file MARRIED JOINT or MARRIED FILING SEPARATELY. Joint will ALWAYS have lower rates.
2007-12-20 04:04:29 · answer #5 · answered by Mike 7 · 0⤊ 0⤋