Taxpayer asks:
Can you file single if you are married? Short info I am still in school only have 1 more year then I am done. My insurance ran out so my husband and I got married for the insurance. We were engaged and already had a date. Just had to bump it up to get covered. So how many laws could I possible be breaking?
Thank you for your time,
Taxgirl says:
Easy answer: no. Your filing status is determined as of the last day of the tax year. So if you’re married on December 31 under the laws of your state, you’re married for tax purposes. Exceptions apply for same sex marriages (the feds don’t recognize these), widows and widowers, annulments and married persons who live apart but meet very tailored criteria.
But another question: why would you want to file single? Generally speaking, it tends to be more advantageous to file as married filing jointly.
If, however, you have concerns about filing with your spouse or if you have a financial situation that lends itself to not filing jointly, you can file as married filing separate. It’s similar to filing single with one enormous exception: both spouses must agree to itemize (or not) on their return. One spouse may not elect to itemize if the other spouse takes the standard deduction.
I’m not sure which laws you’re worried about breaking but if it’s financial aid related (which is what I’m guessing from your question), check with your school’s financial aid office. They should be able to help. If it’s tax related, I’m not terribly worried so long as you haven’t previously file a false return. If you have, it’s not the end of the world: it can be fixed. Contact a tax pro if this situation is trickier than you’ve indicated or if you still have questions.
Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.
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Taxpayer asks:
I read your blog everyday and find it enjoyable and knowledgeable.
My question to you today is about the First Time Home Buyers Credit. Last year my client filed MFJ. This year, they purchased a house but their combined incomes are over $170,000 so they are phased out and cannot get the $8,000 credit. Can they file MFS this year, as she makes less then $75,000, and qualify for the $4,000 credit?
Taxgirl says:
I say yes, so long as she otherwise qualifies. According to the IRS, “qualifying taxpayers who purchase a home before Dec. 1 receive up to $8,000, or $4,000 for married individuals filing separately.”
My only caution would be to run the numbers and make sure that qualifying for the credit doesn’t foul up anything else. Remember, with MFS, the tax rate will generally be higher than it would be on a joint return. More importantly, if one spouse chooses to itemize, the other must also itemize; this can be difficult if the primary reason for itemizing was the mortgage interest deduction. Other tax credits and items are affected, too, such as the AMT, child and dependent care expenses, EIC and IRA rollovers.
So yes, but run the numbers to make sure it remains a good idea.
Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.
Have a question? Ask the taxgirl! – Now on Facebook!
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homebuyer’s credit, tax, filing status, married filing separate
Taxpayer asks:
Tax girl, I have been seperated from my wife for over 20 years. But we have never had a legal seperation on paper.
Can I file single or do I still have to file Married filing seperate?
Thank you for any information you can give.
Taxgirl says:
The feds look to state law for the answer to this one. Your filing status, for tax purposes, is determined as of the last day of the tax year (December 31). You can file as “single” if you were legally separated or divorced according to the laws of your state as of that date. If you live in a state like Pennsylvania where there is no legal separation, your choices are only “married” or “divorced.” If you’re still legally married, you must file as such (so it sounds like, from your question, that you would file as MFS – married filing separately).
There is an exception to this rule which might apply: you may be considered “unmarried” and eligible to file as Head of Household (HOH) if you meet certain criteria. That criteria can be found at my prior post on filing status.
It’s not that odd a situation. I’ve had clients married for much longer than 20 years that have refused to get a divorce for a number of reasons – religion, finances, etc. Sometimes, it just didn’t seem convenient to “bother” with a divorce. But remember that your legal marital status affects other facets of your finances, too, such as inheritance/estate tax and intestacy and probate laws. And it makes it awfully hard to find a date… 
For more on divorce and taxes, check out this prior post that I wrote for The Modern Woman’s Divorce Guide.
Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.
Have a question? Ask the taxgirl!
