You are here

Tax Question!

NewStepMother's picture

Submitted by NewStepMother on Tue, 01/25/2011 - 1:19pm

Hey Everyone... Just a little help or clarification. Not sure if any of you have been in this type of situation.

I want to file "Married filing separately" with my husband. I have a 4yr old from a pervious relationship. This is my year to claim her. Am I still able to claim my daughter if I file "Married filing separately"?

My husband (just married 6 months) wants me to use his tax attorney, he makes about 5x my salary, my name is not on "our" house which he purchased before we were married.

Seems he wants all the benefits of filing together... but not sure if I want to do this.

ps. He has never claim his 12yr old daughter. His X claims her every year. So he has never had the child tax credit.

thanks!

Stephanie

Comments

stepmasochist's picture

Submitted by stepmasochist on Tue, 01/25/2011 - 2:04pm

You can't file single head of household if you are married and lived over half the year with your spouse.

NewStepMother's picture

Submitted by NewStepMother on Tue, 01/25/2011 - 1:29pm

well.. my husband and I are not getting along. He wants to keep all finances/house/ect separate. I figured, he makes 6x my salary... he wants the benefit of filing together to benefit himself only.

I guess I will just have to run the numbers through in each case scenerio and see how it comes out.

caya506's picture

Submitted by caya506 on Tue, 01/25/2011 - 1:36pm

Go to the IRS link I listed above. Legally I don't think you'd be able to file Head of Household, especially if you are still residing in the same house as him.

stepmasochist's picture

Submitted by stepmasochist on Tue, 01/25/2011 - 2:07pm

I do taxes as extra income during tax season. Generally, MFJ gives the best tax benefit. Only in some cases of generally very high income does it pay to file MFS.

Normally what I do if a couple is considering filing MFS, I'll run it both ways and show them the difference. You can do that easily enough with software.

As someone else mentioned, there are a number of credits a MFS filing status does not qualify for. Also, if you husband itemizes instead of taking a standard deduction, you will have to as well.

poisonivy's picture

Submitted by poisonivy on Tue, 01/25/2011 - 1:34pm

Married filing separately tends to only make sense when one spouse makes a ton of money and would owe a lot back, and the other would definitley get a tax refund. You would still be able to claim your BD if you file this way, however.

Willow2010's picture

Submitted by Willow2010 on Tue, 01/25/2011 - 1:48pm

"Married filing separately"
++++++++++++++++++++++++++++++
Not a tx atty. but I think this is the worse way to file. And you will not be able to married HOH legally.

Why are you upset about keeping finances separate?

pseudo_stepmom's picture

Submitted by pseudo_stepmom on Tue, 01/25/2011 - 8:50pm

I wouldn't do the MFS thing unless there is a pending issue where your refund would be taken by DH's tax problems or unpaid child support issues (I guess they still do that don't they? Take your refund if you don't pay your CS?)

For 2008 taxes, I did the whole Married Filed Separate thing. It was beneficial in my case, because my husband owes some back taxes from a business that went under, and in the state of utah, I can file that way and if I have a refund coming, not be held responsible for my refund check being side-swiped by the gov't to pay off his old debts. (They really should have been taken care of before we were married). AND I COULDN'T CLAIM MY DAUGHTER. Horrible idea.

For 2009's taxes, we filed together, but I also filed a innocent spousal form....but since he still owes his back taxes, our refund of $4100 was cut in half. I still received my EIC for my daughter, and my school credits, but his portion of the refund was used to pay his debts. Silly man.