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wcwojciechowski | I live in texas and was married less than 6 months ago. Can my wife and I still file single.? |
my wife wants to file single to receive earned income and her 2 children. If we file together we can't get much because I make so much. If we only have been married for less than 6 months can we file single. |
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chatsplas
 |
NOPE. Based on your status as of the last day of the year--married. Have a choice of filing MFJ or MFS. Check it out at free efile at irs.gov. You might find it isn't as bad as feared, as you get exemptions for kids and both of you. Probably not a big EIC check, but it's income dependent and you don't qualify for the credit. |
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travelguruette
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You should file together. If you file separately you lose deductions. Texas is a community property state. This means if you file separately you have to add both of your incomes together and divide by 2 to determine income for the year. |
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porkchop
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You have two choices, married filing jointly or married filing separate. Try it both ways to figure out which is best then file the one that is most advantageous. It can vary depending upon your circumstances. |
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Gary
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You have two choices since you are married. You can file Married Filing Separately which is the least desirable filing status to use of Married Filing Jointly which is your best choice. If your wife uses the "Single" status then she is committing tax fraud. One thing that I had learned after working for the US Government after 20 years is this: Do not mess with Uncle Sam's money or Uncle Sam will mess with you. I have seen careers ruin over a few extra bucks. It is not worth it. |
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Wayne Z
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No. She can not file "Single"
She could file "Married-Filing Separate". Unfortunately for her, people using the "Married-Filing Separate" do not qualify for EIC or many other credits. |
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Judy1
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No, if you were married as of Dec 31 you have to file as married. She can't get EIC on a married filing separately return. If she files her return as single anyway illegally, and gets caught, a very strong possibility, she'd not only have to pay back what she got illegally but also interest and possible penalties, and could be banned for 10 years from getting EIC even if she qualified. |
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Ivy
 |
no
because it's the last 6 months that counts to be considered unmarried. You have to file MFJ or MJS. If you go with MFS you can not claim the EIC period. Your gonna have to file together to get any thing from EIC. There are other benefits from MFJ, pays less tax, you can claim her kids since your married now. You may even get child tax credit and the additional child tax credit ( this one is like EIC meaning it's refundable)
My husband and I had always gotten a pretty good return 3 or 4 thousand. I had always thought it was from EIC, even though over the years our income had increased each year. Then I studied and became a certified Tax preparer I learned that it wasn't just the EIC because that went down and down each year, I realized it was the add child tax credit we got the bulk of the return from.
also as a tax preparer I learned that returns file with EIC are the ones the IRS will look at first and they will be very strict, if they find you or her in fraud they can suspend your right to claim the credit for up to 10 years. |
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Ryan
 |
it is possible to file married filing seperate. But married filing seperately is not an option for the eic. It states right on the form that it cannot be filed under married filing seperately. They do this because lets say you had 3 or more kids and you didn't make that much and neither did your wife, you could both file married filing seperately and claim the eic and each get huge returns. the eic only counts toward two children so having more than two children does not benefit the eic at all, so if you filed with one or two children, and then she did the same, you would be getting back double. This however is illegal, and not possible since the eic cannot be claimed under married filing seperately. $39,783 i believe is the top income in order to still claim the eic, but i do believe the refund will either be 0 or close to it. if your combined income is greater than that you are ineligible, but if it is less than that it won't hurt to go for it, but you can't do it married filing seperatley. i know that is a lot of rambling, but basically, as long as you were married as of 12/31/07, the answer is no. |
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T
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Yes you can. I believe that there is a section that you can check that says 'married, filing separately'. At least there used to be; I used it once. |
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X
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yeah but it would count as divorce not single |
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