Married, but filling Single and Head Of Household is illegal, right?

many years ago in one of the seminars I participated in complying with my state's requirement of 20 hrs of continuing education, the instructor was formerly with IRS

he told us at that time, that a little known fact at IRS was that when a couple no longer lived together, had no got a divorce but there was NO signs of a married other than the lack of divorce, they could file single

I had such a case, the wife was in Ohio the spouse here and this had been their situation for years. we filed him as single for several more years until he finally remarried(after getting a divorce)

there are those here who will state this cannot be done but I have done it and nothing has come back to me regarding it

Of course, IRS rules may have tightened, I haven't done his tax returns for a very long time and everything I read indicates if you are not legally separated you are still married--but IRS does have nuances they do not publish but are acceptable

It is imossible to file both single and head of household. They are two different statuses, and you're only able to choose one.

It's illegal to file as single if you're married. Only under very strict circumstances is it legal to file as HofH., and you're right, not if they lived together any time after 6/30.

Yes you are right. You aren't missing something.

There is a responder on this forum who for a couple years told people here to file as single head of household, and claims to be a CA tax preparer. After many emails, from other preparers who are on the site, begging her to look it up. she finally stopped giving that wrong advice.

Unless they live separately form each other for the last 6 months of the year with NO overnights, such a filing is illegal.

You were correct to refuse to knowingly file an illegal return.

You're right

IRS is doing more and more cross checking and catching up with many of these people

They may get away with it for a time burnt it creates problems for them when trying to get legal status or custody or....

You ask the questions and put in notes in return...TP stated married and together , but wishes to file HOH/S explained IRS rules, they insisted, Voided return

That way if they go to another store in your brand , the info is there

You cannot file them for HOH after they admitted married

Generally they don't even gain by doing it--misinformation, urban myth " HOH gets most money"

HOH also gets most examinations and audits

For example many TP filing S with dependent get same refund as HOH and have MUCH lower chance of return being diverted for further examination

If the taxpayer refuses to file with a correct filing status, all a preparer can do is to refuse to do the tax return: "I'm sorry but I am unable to file you as Single since you are married."

IRS rules state that if you are married, you cannot file as Head of Household. You are right to refuse to file married persons as single or head of household.

Yes, you're correct. In order to file as Single Head of Household, you have to be, um, SINGLE. Not married. Ninasgramma said it best: tell them you're unable to file them that way because they are married. They may file as married filing separately, but not single.

You are correct.

Stick to your guns.

Years ago, I had a client practically threaten me because I refused to file his return as "Single" when he was married.

Speak to your superiors, but I am sure deliberately making a false statement is illegal.

On the other hand, I know an ex-civil servant, who said the majority ignore dodgy stuff in case an appeal is made. She said civil servants just keep their heads down and look forward to the day they can claim their index linked pension. I live in the UK.