Can You Claim Eic If You Have The Filing Status Married Filing Separately?


I got married in 2009! being that I got married towards the end of the year I ad to file as single and?

had to file as single head of household!! my husband and I are planning to file Married filing separately!! being that I have never been married before I don't know if everything stilk works the same as far as my refund being around the same range as last year or claiming my dependents!!do i do everything the same? or is it a whole new process?

NO!!!!!! If you were married as of 12/31, and you filed as head of household, you filed an illegal return, and need to amend it to either a joint return or to married filing separately before the IRS catches up to you. It's not how much of the year you were married, it's your status as of 12/31 that determines your filing status for the year.

You mention dependents. If you got EIC when you filed, you need to amend asap. EIC claims are being heavily audited this year, and if you get caught with your illegal claim you'll be banned from the program for several years even if you otherwise qualify, in addition to paying back with interest and maybe penalties anything you got by filing illegally.

Do you have a reason for planning to file separately in the future? It will almost surely cost you more money than a joint return. And as MFS you are ineligible for most credits, so don't figure you can get EIC by filing separately, you wouldn't be eligible. For EIC, both of your incomes will count when figuring eligibility, so depending on your two incomes, on a joint return you might get more, less or not be eligible any more. So without knowing your incomes, no way to tell whether your refund will be about the same,except that if you do file separately, you definitely are not eligible for EIC even if your joint income would be eligible on a joint return.

Changing filing status from joint to married filing separate, claim EIC?

I have question about whether to file jointly with my husband or separately. My situation:one income earned $48K, husband doesn't work,2 babies,owned two houses under my name and he has a college loan garneshment which will take all tax refunds.Last two years, I have file jointly.I just started to work this month,October.On my W4, I will claim 9 or exempt.I am not sure if I have to pay any taxes this year or refund.I am thinking of file separately and take the EIC and keep all tax refunds. Or, head of household

1) You can not file head of household.

2) You can not receive EIC if you file Separately.

3) The income cut off for EIC with 2 kids is around $32K. If you make $48k, you will not receive EIC.

File jointly and then file an "injured spouse" form (Form 8379)

What is the legal way to file taxes during seperation?

Can I claim head of household and my spouse claim single? What are the laws. If I claim married filing seperate then I lose EIC.

You can choose married filing separately (MFS) as your filing status if you're married and have no dependents (means basically have no kids ). The filing status may benefit you if you want to be responsible only for your your own tax. However, this is the least desirable filing status, because taxpayer has rather limited credits and lowest standard deductions.

You maybe able to choose Head of Household (HH) status, if you meet certain tests. This can apply to you even if you're not divorced or legally separated.

if you qualify to file as HH status instead of as MFS, your tax liability may be lower, you are able to claim earned income credit and other credits and also your standard deduction will be higher.

You may be able to file as HH, if you meet the following requirements:
1) You're considered "unmarried" on the last day of the year.
2) You paid more than half of the cost of keeping up your home for the year.
3) "Qualifying person" (means you took care of them, can be your kids, also parents who doesn't live with you and others) lived with you more than half of the year.
Note:Kids in college (temprory abcense) will be considered lived with you.

If you need more info, please click below link of IRS. Check under "FILING STATUS"

Do both parties need to claim interest on joint account if filing married filing separately?

My cousin is going to file married filing separately. If she and her husband have a joint savings account, do they both claim the interest on the account, or does one?

Only one (but see exception below). Those filing MFS are not allowed to double-dip on deductions, but at the same time they are not required to double-report income.

Note that the answer may very well be different if they live in a community property state. If they do, they may have to split the interest income equally.

what criteria needs to be met to claim spouse as dependent?

I'm wondering what needs to be met to claim my wife as a dependent? Does pregnancy get any sort of tax credit?

Your spouse is never your dependent on your tax return.
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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