Can I file tax exemption without husband's waiver?

Question

Hi. I'm separated for more than 2 yrs now, not legally though. My husband used to claim the exemption for our 3 children. Now i learned that he doesn't have a job for about 6 months now but does not want to sign the waiver. What's the best thing to do?

Answer 1

Yes. Aside from the husband's waiver as a requirement, you can also use the fact that he is unemployed. Husband's unemployment is a valid reason for you to claim the exemption.

Per the BIR revenue regulation, your husband's unemployment is one of the reason wherein the wife can be the claimant of the additional exemption. But in your case wherein there is a resistance from your husband, Im sorry but I am not sure to its legality. I suggest you try to update your tax information thru your HR if "makakalusot". Personally, I was able to lift my exemption from single to head of the family with one dependent, without attaching any birth certificate. But if you really want to do it legally, you may try to call the BIR contact center at 981-8888 for some tips or other requirements wherein you can update your status (BIR Form 1902).

Answer 2

no you can't

Answer 3

Is this in US or Philippines?

Who has custody of children?

Who is supporting them?

In US, if you aren't legally separated, you don't need him to sign a waiver if they live with you, you have first right to claim them.