Filing Status & Requirements
The most frequently asked tax questions related to Filing Status & Requirements
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Answer Tax QuestionsDeceased Spouse - what is my filing status?
Asked Friday, September 22, 2000 by an anonymous user
You should file a "joint" tax return and include the deceased income earned and applicable deductions prior to your spouse's death.
A joint return is filed by yourself and the executor or administrator. Do not include income earned after the date of death. This income is considered "income in respect of a decedent" and is taxed to the Estate or beneficiary receiving the income in the year of the receipt.
The income must be reported by the Estate (if more than $600) on Form 1041. Speak to your local CPA about the personal and Estate tax returns that you need to file.
A joint return is filed by yourself and the executor or administrator. Do not include income earned after the date of death. This income is considered "income in respect of a decedent" and is taxed to the Estate or beneficiary receiving the income in the year of the receipt.
The income must be reported by the Estate (if more than $600) on Form 1041. Speak to your local CPA about the personal and Estate tax returns that you need to file.
Head of Household - multiple support agreement
Asked Thursday, September 21, 2000 by an anonymous user
You are not eligible to choose head of household filing status if the qualifying person is your dependent because a multiple support agreement Form 2120 was filed.
Switch from married -filing jointly to married-filing separately
Asked Thursday, September 21, 2000 by an anonymous user
If a joint return was originally filed, you may not change to married-filing separate returns once the due date of the returns has passed.
If married-filing separate returns were originally filed, you have three years from the due date (without extensions) to switch to filing a joint return.
If married-filing separate returns were originally filed, you have three years from the due date (without extensions) to switch to filing a joint return.
Married filing Separately - Lost Tax Benefits
Asked Thursday, September 21, 2000 by an anonymous user
The American Opportunity or Lifetime Learning credits are not available for married filing separate returns.
For MFS you must have lived apart from your spouse for the last 6 months of the year to take advantage of the dependent care, earned income, elderly credits and the $25,000 rental loss allowance.
Also Social Security will be 85% taxable.
For MFS you must have lived apart from your spouse for the last 6 months of the year to take advantage of the dependent care, earned income, elderly credits and the $25,000 rental loss allowance.
Also Social Security will be 85% taxable.
Common Law Marriage - Do I file joint or single ?
Asked Thursday, September 21, 2000 by an anonymous user
If at the end of the tax year you live together in a common law marriage that is recognized by the law of the state where the marriage began or in which you live, you may file as married-filing jointly or married-filing separately.
Married with children - did not live with my spouse. Must I file Jointly
Asked Thursday, September 21, 2000 by an anonymous user
If you did not live with your spouse for the last 6 months of the current tax year and maintained a household for your dependent children, you may file as a "Head of household" filing status.
Head of household filing status is better than married-filing separately or single. You should speak to your local CPA prior to filing your tax return.
Head of household filing status is better than married-filing separately or single. You should speak to your local CPA prior to filing your tax return.
Legally married - Must I file a joint tax return ?
Asked Thursday, September 21, 2000 by an anonymous user
No. If you are married (as of the last day of the year),you may elect to file using the status of married Jointly or married Separately.
Generally, separate tax returns may be more beneficial and save both people money, when both people have earnings and taxable income and high medical or miscellaneous itemized deductions exist.
Filing separately may allow more of the phased-out itemized deductions which are based on the taxpayer(s) Adjusted Gross Income.
Generally, separate tax returns may be more beneficial and save both people money, when both people have earnings and taxable income and high medical or miscellaneous itemized deductions exist.
Filing separately may allow more of the phased-out itemized deductions which are based on the taxpayer(s) Adjusted Gross Income.
What is the marriage penalty ?
Asked Sunday, September 03, 2000 by an anonymous user
When both spouses are income earners, the tax they pay when they file a joint return is usually greater than the tax they would pay separately if they were still single. This is referred to as the marriage penalty. When you are married you cannot choose to file as single. You must file either jointly with your spouse, or file "married, filing separately". Filing separately from your spouse is usually even more costly.
Just married - Can I still file as single
Asked Sunday, August 27, 2000 by an anonymous user
No. If you are married on the last day of the year, you must file either married filing jointly or married filing separately. You are not allowed to file as a single or Head of Household.