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Bill G | What is the best way to file your taxes being when you are separated from your spouse.? |
We were togather for 4 months in 2007. She has moved out and has her own place .Our four kids live with her. We havent filed any seperation papers and still get along well. Would we have a better return by filing seperate or should we file joint. |
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Judy1
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Your choices are married filing separately or a joint return. If you file separately, then she can most likely file as head of household if you didn't live together at any time after June 30, and depending on her income might be eligible for earned income credit.
You can split up the kids on your returns however the two of you can agree to do it, and can split them however gives you the lowest taxes. She as the custodial parent has the right to claim all four, but can sign over one or more of the exemptions to you on a form 8332.
You'll have to figure it a variety of ways and see how it comes out - without seeing all the numbers, there is no definite answer on which would be best. If her income qualifies her for a high EIC, and your joint income doesn't, you might find that splitting the kids 2 and 2 on your returns, with you filing as married filing separately and her filing as head of household, minimizes your taxes, but that depends on the two incomes.
If you have someone prepare your taxes, be sure it's someone experienced, who will try out the various possibilities.
Good luck. |
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bostonianinmo
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Since you are still legally married you can file jointly. You'll generally pay less tax over all with a joint return. Since you get along well, file jointly. |
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G G
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Depends on whether you think youll owe or get some back! If youre on good terms with her and it will benefit you both then Id file joint. |
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acmeraven
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She would meet the qualification to file as head of household and claim the children. If you are still communicating with here I suggest that you have your taxes figured both ways, MFJ and head of household and you as married, filing seperate. Whichever way gives both of you the largest refund would be the way to go. Disagree on everything else under the sun but present a united front to get the most money; it is the american way. |
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wounderer1
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file joint married and split the outcome as you are still concidered as one |
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wartz
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If you do not file jointly, you will give up $4,000 in child credits. Do the math. |
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tikababy
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If the two of you are friends, ask her her plans. If she wants to file joint then I say go ahead. If not you carry 2 and let her carry 2. Don't file single, file HofH. |
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Michelle C
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well, i would seperate the high taxes from the lowest takes because they are much easier this way. i would pay the lowest taxes first and then pay the highest so it all stays in line and in order. |
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Fancy That
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One of the tests for MFJ is residency. If you have not filed a separation agreement, you may still be considered married for this tax year, but the residency issue raises other tax issues, as far a dependency, child tax credits and potential Earned Income Tax Credit.
You can agree to split the deductions of the children. If you provide more than 1/2 their income, you may legally be able to claim them, even if she won't agree.
If legally separed, she has the option of filing HOH, (head of household) which could potentially give her more tax advantages.
If an when she choses to do this, you, unfortunatly, will get hosed because you will have to file single.
There may also be some Earned Income Credit available to her, depending on how everything is claimed, as well as child care and dependent tax credits.
Best bet is to get a service, or see a professional. |
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Herbert
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I think that sense you are still married you have to file jointly for the 2007 tax year. |
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Rock Candy
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As no paperwork has been filed for legal seperation or divorce, you will need to file either together, or married but filing single. Either way the IRS still counts your income and hers as total household income. |
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