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 Council tax bailiffs? |
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I Was Just Wonderin
Additional Details
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luvpudin | Can I file my taxes as single, even though I am married? |
I want to file separate from my husband (we have never filed jointly yet) because he owes some back taxes and I'm afraid if we file together, the IRS will take my whole refund, which I need for expenses and bills. My husband is going to set up a payment plan with them for what he owes from the past. (from before we were married)
Can the IRS take my refund to settle his back taxes if we file jointly? Would they just keep his refund and still send me my portion, including the child credit?
Can I file separately to avoid this from happening? |
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bostonianinmo
 |
You have a number of options, however filing as Single is NOT one of them.
1. File Married Filing Separately. You will receive your full refund, however you lose out on many tax benefits this way. You cannot claim the EIC or some other tax credits. Also, if your spouse itemizes you MUST itemize also even if that means taking a deduction of $0.
2. File Married Filing Jointly. Your joint refund will be taken and applied to the outstanding tax debt. His tax debt will be paid out of household funds one way or another and this method will speed the repayment process.
3. File Married Filing Jointly and attach Form 8379 to your joint return. This will apportion the refund between the 2 of you based upon state law. If you are in a community property state, you'll receive 1/2 of the refund and the other half will go towards his tax debt. If you don't live in a community property state the refunds will be apportioned based upon what you put on the Form 8379 and your individual incomes.
4. If you typically have a large refund coming, you should BOTH consider adjusting your tax withholdings at your jobs. If you work this carefully there won't be much of a refund to be captured towards his tax debt. Ideally you want to shoot for a tiny refund or better yet, a small tax debt at filing time. As long as it's less than $1,000 when you file and you pay it by the April 15th filing deadline there's no penalties involved and he won't bust his payment agreement with the IRS. This is BY FAR the best way for you BOTH to proceed. |
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golferwhoworks
 |
married filing separately is how you can file. Single is not an option now as you are wed |
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wartz
|
You can't file as single. You can file married filing separately. |
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Jss
|
No.
You can file as married filing jointly (MFJ) or married filing separately. In most cases, it is better to file as MFJ. Read http://taxipay.blogspot.com/2008/02/filing-status-for-married.html |
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travelguruette
 |
You cannot file as single once you are married. You can file married separate. It has a higher tax rate and you lose some child deductions but your refund is safe. You can file jointly then send in an injured spouse claim though it may take 11 weeks or more to process. You could just let them take the refund and get the taxes paid off so it doesnt creat problems year after year. |
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Judy1
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You can file as married filing separately, not as single. Then your refund will be separate from his and won't be taken for his debt.
You could file a joint return and file an injured spouse form with it, and the refund would be separated into his part and yours, and only his part would be taken. |
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Steve
|
You have to file as MFS, if your husband itemizes, you must itemize also. Plus, by filing MFS, you may lose any tax credits that you are entitled. It may be better to file MFJ with while including a petition for innocent spouse relief so you keep your portion of the refund.
To pay off the tax debt faster, your husband should change his W-4 filing at work to claim Single with zero allowances. This way, his tax refund will be as large as possible. When the IRS seizes the refund, there will be more to pay off the debt. |
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abhicho
|
You can file your return separately from your husband. It comes under the category of married but filing separately.
Here are additional details
http://www.countrywiderate.info/how-to-determine-tax-status/ |
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