Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
I claimed single, can he claim married?
My husband and I have been seperated for over a year now. I work and have my own income. For the tax year 2010 I filled single. Now my husband is in the military and due to the fact we are still legally married he is getting all the benefits Basic House Allowance, Seperation pay, and all the other benefits. Now when he comes back next year and files for this years taxes is he still allowed to file married but filling seperate? If he does will my social security show up and say I filled single? What would be the consequences? Please help im just confused as to how this all works. Thanx for all your help.
9 Answers
- BobbieLv 710 years ago
LEGALLY when you were still married december 31 midnight and IF you did NOT have a legal separation in your state then you should NOT have used the single filing status but used the married filing separate if that was what you wanted to do at that time in your life.
And NOW for the tax year 2011 ARE you still married and will you still be married after the tax year 2011 into the year 2012.
ARE will you be getting a legal separation OR a divorce before the end of the tax year 2011?
NOW you can think about this matter very slowly and carefully and make sure that you are doing every thing that you want to do in order for this matter to come out like you would want it to.
As it is in your hands NOW at this time in your life.
Hope that you find the above enclosed information useful. 06/19/2011
- JudyLv 710 years ago
If you' mean you filed your tax return as single, you filed illegally and need to amend it to a legal status. You can file as married filing separately. Or if you have a dependent child of yours living with you, and you provide over half the cost of providing the home for that child, you can file as head of household since you were separated before 6/30/2010. YOU CAN'T LEGALLY FILE AS SINGLE NO MATTER WHAT ONE CLUELESS RESPONDER ON THIS BOARD KEEPS POSTING. This responder routinely gives wrong answers, and has moved up the top responder list because she answers so many questions, not because her answers are correct.
Yes if he filed as MFS you'll get caught for your illegal return, and have to amend. The IRS will notify you. If you owe any additional tax, you'll have to pay that plus penalties and interest.
If you're still married at the end of 2011 the same rules apply for filing status.
- StephenWeinsteinLv 710 years ago
Everyone who is legally married is allowed to file married but filling separately. The real question is whether you were allowed to file as single, and the answer is probably not. The consequences would be that you would be required to pay or repay whatever you received or avoided paying by falsely filing single, plus penalties and interest.
- Bostonian In MOLv 710 years ago
The IRS will be contacting you shortly. If your husband filed Married Filing Separately he had to show your SSN on his return. Since you are still legally married you can NEVER file as Single.
When the IRS matches things up (I'm a bit surprised that they didn't already, unless he's delayed filing his returns until he redeploys) your return will bounce. If you owe additional tax because you filed illegally you will be billed for the tax plus penalties and interest from the April 18 filing deadline.
You need to amend your return to MFS. The sooner that you do that, the better for you.
- How do you think about the answers? You can sign in to vote the answer.
- Anonymous10 years ago
I hope you didn't claim EIC or an education credit. If you did, you can have bigger problems.
As Boston indicated, this WILL be fixed when your husband finally files MFS. (As he is deployed, he gets an automatic extension to 180 days after he gets back, so it's no surprise that he hasn't filed yet.)
YOU need to get a 1040X and file with the correct filing status. If you used the standard deduction, you need to hope that your husband plans to as well (since you both have to file the same way).
If you can file with standard deduction and MFS and no other credits or deductions, and your total income is less than $68,650, you may come up with the same tax bill.
- peacefuldisasterLv 710 years ago
Your the one who filed incorrectly, not him. You should have files "Married filing separately", which your estranged husband would then need to do also. If you are not divorced by 12/31/2011, then you must file married for 2011 also.
- SlickterpLv 710 years ago
YOU can't file single. It's not legal if you are married, separated or not. If he files MFS, you get caught, and have to pay back any ill gotten funds with interest and penalties.
- oldermanLv 710 years ago
Separated is not divorced.
legally, he is making the right claim.
Your claiming to be single may be costing you money.
Source(s): not a lawyer - Anonymous10 years ago
He is SUPPOSED to file "MFS" status - and so are you. Separated is not divorced.
Source(s): IRS Pulbication 501.