Question:

INCOME TAX question....?

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considering marriage.. women is single mom with one child always files hoh... guy is out of state and the marriage if it takes place will be in aug.08 (which means that she would of provided singlely for all the home expenses for more then 1/2 of the year not sure if that matters) if she can file married hoh, and has to do married joint.. the main concern is that this guy owes money to the military and every year they take his income tax refund.. what can she do if she marrys to protect herself from having her refund taken but also try to get the most back ?

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  1. The only way you can file as HofH is if you didn't live together at all, even one night, after June 30 of that year - I assume that if you get married in August you'll at least spend one night together - if so, then you have to file a joint return or as married filing separately.  A joint return is probably best.  File an injured spouse form with it so only his part of the refund will be taken, not yours.


  2. married filing joint and she can file an injured spouse claim form with assistance from the irs if she don't know how to file the form 8379 form herself,this way she gets the most back,however the refund will be delayed by 8-11 weeks

    if she files married filing seperately she won't get the most back,however her refund will not be delayed b/c of the injured spouse claim form,so if she can afford to wait on her refund it's best she files jointly with the claim form.

  3. If you marry, you must file as married:  either jointly or separately.  You don't file as HOH.

  4. Married, file separately.  

    Also be sure to learn about the forms which would keep YOUR refunds protected.

    Innocent Spouse Releif

    http://www.articlesbase.com/taxes-articl...

  5. Your new husband would be considered temporarily away from home, so filing HOH wouldn't be allowed.

    If you are used to filing HOH and getting a large refund due to EIC, you are in for a RUDE awakening.

    If you file MFS, you don't get EIC.

    If you file MFJ and his income is high, you don't get EIC.  If you file MFJ and there is a refund, it will be offset unless you file an INJURED SPOUSE form.  (Innocent spouse is completely different and doesn't apply.)

    I would recommend taking his tax return and your tax returns for 2007 and logically redoing them as MFJ and MFS to see what the impact would be.  Don't file them, but figure out what your tax situation will look like BEFORE you get married.

  6. You can qualify for hoh if married under slim circumstances- there is a definition for "considered unmarried"

    1. file a separate return

    2. you paid more than 1/2 cost of home upkeep

    3. your spouse did not live in the home the last 6 months of the year and it cannot be due to temporary absence defined as military, illness, education, business, or vacation

    4.main home of the child for more than half the year

    5.you must be able to claim the exemption for the child unless other parent can due to court decree

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