what status to file on taxes?

[joeari]

We have lived separately since May 1st, but we never filed for legal separation.

I was a stay-at-home mom up until May 1st, and then I worked the rest of the year.

As of August 1st, I have received no financial support of any kind from my husband.

2 children lived with me as CP for 10 months of the year; 1 child lived with me as CP for 8 months of the year.

TurboTax says I should file single, but that doesn't seem right.  Can I file single and claim 1 child, or do I file married filing separately? 

How do we determine who claims the 2006 state tax refund?

[m_t]

I would check with the IRS, personally. As far as I know, you have to file married (separate or joint) until you're.... not married.

[Golfball]

You might be able to file as "Head of Household" though. 

If you've provided over half the total support for the household (I don't think this is an issue, unless your husband was providing over 2/3 of the household support from May 1st through Aug 1st.), and you've been living separately (but with a qualifying child) for at least the latter half of the year, you may qualify, but I'd check that w/ the IRS publications.

[joeari]

Thank you for your prompt answers!  FYI, I went online and tried it both ways just to see what would happen:  there is about a $2000 difference between filing single with 1 child (good) and filing married, separate with all 3 (not so good). 

[anniewalker]

If you were married on Dec 31 then you must file MARRIED, either separate or jointly.  Sorry, that is the law.  We don't get to choose our filing status based on the best refund scenario.  Vote Ron Paul & the Fair Tax! 

PS: says Lee (and I quote):  Your filing status is set on December 31 of the filing year. So if you and your STBX are still married on December 31, you will be filing as married, either jointly or married filing separately. If you are divorced by December 31, each of you will file as a single taxpayer.

[Golfball]

Read everything mentioned by Lee:

To file as Head of Household, you must meet all these tests:
* You were unmarried or considered unmarried on December 31.
* You paid more than half the cost of keeping up a home for the year.
* A child or other qualifying person lived with you in the home for more than half the year for whom you or the other parent is entitled to claim the tax exemption.

*** You are considered unmarried if you were legally separated on December 31 or if your spouse did not live in your home for the last six months of the year.

I'd check the IRS pubs to make sure, but I think KH can file as HoH.  While not as good as MFJ, it's certainly better than MFS.


And as far as the Fair Tax goes, it's a bunch of hand-waving meant to look good from a distance, but that'd be a subject for a different post.

[anniewalker]

I think it's a slippery slope.  To be "considered unmarried" the claimant would have to prove that for all of July - Dec she paid more than 1/2 the cost of keeping up the home (and it was stated that the STBX paid her money through August) and prove that he did not live in the home at any point from July - Dec.  Personally, I think it's a horrible idea.  It's a lot of paperwork to keep up with to prove the fact that hubby was not there, and that he was not absent due to the list of "special circumstances".  IMHO it is asking for an audit.

The Fair Tax is only a bad thing if you are employed by the IRS.

[joeari]

Thank you all for your answers. 

I just got back from an appointment with a tax preparer.  She said I could and should file HOH, which I did.  I claimed two children for EIC and only 1 as a dependent.  It worked out quite well for me, and it should work out quite well for him too.  And it's legal so I don't have to worry about "getting caught".  It was definitely worth the $75 to know I can rest easy.  Thought I would share this info for anyone else who is trying to figure out all this mess. 

[m_t]

This should likely be stickied until after tax season - it applies to a lot of folks here.

Also, here's a link to AIM's post on IRS Free File over at HEO. http://divorceinfo.com/heo/index.php/topic,12451.0.html

[Me2]

Married Joint was one option since you are still married.

Married Separate was a second option since you are still married.

Single was/is NOT an option since you are married.

HOH is an option since you lived apart for more than 6 months of the year and there is a minor child.

Whether or not you can claim the children has different tests.

But you asked about STATE taxes in 2006??

are you asking about something for 2 years ago?  or was that a typo.

[m_t]

Is there a reason you are pulling up a post form over a year ago to respond to?

TC

TC - it's stickied at the top for the other info included in the post.

Married Joint was one option since you are still married.

Married Separate was a second option since you are still married.

Single was/is NOT an option since you are married.

HOH is an option since you lived apart for more than 6 months of the year and there is a minor child.

Whether or not you can claim the children has different tests.

But you asked about STATE taxes in 2006??

are you asking about something for 2 years ago?  or was that a typo.

Me2... the OP's post is incidental to why it's at the top of the board. This thread holds some good info for people in the crud, getting ready to file taxes. That info is why it's stickied to the top.