Start Your Divorce Today - Premium Divorce Online


Divorce Source Community Forums >> Tax Issues

Jump to first unread post. Pages: 1
matilda
Pooh-Bah
**

Reged: 11/11/04
Posts: 2096
Head of Household or Married filing separately??
      #337691 - 12/28/07 04:15 PM

I was reading on a Turbo Tax website that if you are legally separate(according to your state guidelines) that you can file single or head of house hold instead of married or married filing separately. My sister has been separated from her STBX husband for 2 1/2 years going through a very contentious divorce. It would be great if she could file head of household because filing with her STBX would be a nightmare. She would also get a larger refund that way as well. Has anyone heard about how to determine filing status?

Post Extras: Print Post   Remind Me!   Notify Moderator  
dazedandconfused
recently joined


Reged: 12/17/07
Posts: 7
Loc: KS
Re: Head of Household or Married filing separately?? [Re: matilda]
      #337721 - 12/28/07 05:24 PM

It is possible she could file head of household. The best way to determine it is to check the IRS website. There are several requirements that have to be met to file head of household while you are still married.

www.irs.gov


Post Extras: Print Post   Remind Me!   Notify Moderator  
BeachBabeRN
Carpal \'Tunnel
**

Reged: 01/16/06
Posts: 3122
Loc: VA for 21 years, NC forever!
Re: Head of Household or Married filing separately?? [Re: dazedandconfused]
      #337891 - 12/29/07 08:45 AM

If you are providing a home for children AND living separate and apart from your spouse, then you qualify to file HOH.

Post Extras: Print Post   Remind Me!   Notify Moderator  
Tweeby
Carpal \'Tunnel
**

Reged: 06/05/04
Posts: 7100
Re: Head of Household or Married filing separately?? [Re: BeachBabeRN]
      #337898 - 12/29/07 09:34 AM

One of the requirements for HOH while still married is living separate from your spouse for the last 6 months of the year.

Post Extras: Print Post   Remind Me!   Notify Moderator  
matilda
Pooh-Bah
**

Reged: 11/11/04
Posts: 2096
Re: Head of Household or Married filing separately [Re: Tweeby]
      #337919 - 12/29/07 11:06 AM

They've been apart for almost 3 years so I think she qualifies for HOH. Thanks for all of your responses.

Post Extras: Print Post   Remind Me!   Notify Moderator  
Avaya
Carpal \'Tunnel
**

Reged: 02/09/06
Posts: 9846
Loc: Arkansas
Re: Head of Household or Married filing separately?? [Re: matilda]
      #338094 - 12/29/07 10:05 PM

She can NOT file Single, but if they have lived apart for a specified length of time, meeting the Federal requirements, NOT the state requirements, she may be able to file HOH.

--------------------
Eternity is too long to be wrong.


Post Extras: Print Post   Remind Me!   Notify Moderator  
DECNJ
recently joined


Reged: 12/31/07
Posts: 5
Loc: NJ, USA
Re: Head of Household or Married filing separately?? [Re: Avaya]
      #338404 - 12/31/07 09:16 AM

Requirements. You may be able to file as head of household if you meet all the following requirements.
You are unmarried or “considered unmarried” on the last day of the year.

You paid more than half the cost of keeping up a home for the year.

A “qualifying person” lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the “qualifying person” is your dependent parent, he or she does not have to live with you. See Special rule for parent, later, under Qualifying person.


Considered unmarried. You are considered unmarried on the last day of the tax year if you meet all the following tests.
You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.

You paid more than half the cost of keeping up your home for the tax year.

Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences, later.

Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Qualifying person, on this page, for rules applying to a child's birth, death, or temporary absence during the year.)

You must be able to claim an exemption for the child. However, you meet this test if you cannot claim the exemption only because the noncustodial parent can claim the child using the rule described later in Special rule for divorced or separated parents under Exemptions for Dependents. The general rules for claiming an exemption for a dependent are shown later in Table 3.




If you were considered married for part of the year and lived in a community property state (one of the states listed later under Community Property ), special rules may apply in determining your income and expenses. See Publication 555 for more information.

See my website www.FreedomTaxPlanning.com for more info...

--------------------
Noah B. Rosenfarb, CPA, ABV, PFS, CDFA
www.DECNJ.org - Education for Divorcing Women


Post Extras: Print Post   Remind Me!   Notify Moderator  
Pages: 1



Extra information
0 registered and 1 anonymous users are browsing this forum.

Moderator:   

Print Topic

Forum Permissions
      You cannot start new topics
      You cannot reply to topics
      HTML is disabled
      UBBCode is enabled

Rating:
Topic views: 4701

Rate this topic

Jump to

Contact Us Divorce Source Home

*
UBB.threads™ 6.5.1.1


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: