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New Member
posted Jun 5, 2019 12:01:46 PM

Andidbdjzmskaoiebrbdjdj didn't include r dudkd

0 22 1520
1 Best answer
Level 15
Jun 5, 2019 12:01:57 PM

If you are married and living together you can only file as Married Filing Jointly or Married Filing Separately.  Even if you are not living together and are legally married you cannot file as Single.

See this TurboTax support FAQ for the Head of Household filing status - https://ttlc.intuit.com/questions/2567672-can-a-married-person-claim-head-of-household-filing-status

Whomever pays for the health insurance is not relevant to the filing status on a tax return.

22 Replies
Level 15
Jun 5, 2019 12:01:47 PM

Are you legally married?

Level 15
Jun 5, 2019 12:01:51 PM

If you are actually married neither of you can file as Single and probably not Head of Household either.  So either you meant you file MFS (married filing Separate) or you have been filing your returns wrong and need to amend them.

May I ask why you are not filing Joint?  It is usually better to file Joint. Joint has the lowest tax rates and the highest Standard Deduction.   And if you are in a Community Property state MFS gets tricky to figure out.  Here's some things to consider about filing separately……

In the first place you each have to file a separate return, so that's two returns.  And if you are using the Online version that means using 2 accounts and paying the fees twice.  

Many people think they come out better when filing Married Filing Separate but they are probably doing it wrong.  If one person itemizes deductions then the other one must itemize too, even if it's less than the standard deduction, even if it is ZERO!  

And there are several credits you can't take when filing separately, like the
EITC Earned Income Tax Credit
Child Care Credit
Educational Deductions and Credits

And contributions to IRA and ROTH IRA are limited when you file MFS.

Also if you file Married Filing Separately up to 85% of your Social Security becomes taxable even with no other income.

See …….
<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately">https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately</a>

New Member
Jun 5, 2019 12:01:53 PM

We get a lower return if we filed together sense i make more i rather have her get a good return an she can help me pay my tax which is usually 500-1k

Level 15
Jun 5, 2019 12:01:54 PM

You cannot just choose. The tax law must be followed.

Level 15
Jun 5, 2019 12:01:55 PM

and Married Filing Separately is not the same as Single, or as Head of Household. Which state do you live in?:

Level 15
Jun 5, 2019 12:01:57 PM

If you are married and living together you can only file as Married Filing Jointly or Married Filing Separately.  Even if you are not living together and are legally married you cannot file as Single.

See this TurboTax support FAQ for the Head of Household filing status - https://ttlc.intuit.com/questions/2567672-can-a-married-person-claim-head-of-household-filing-status

Whomever pays for the health insurance is not relevant to the filing status on a tax return.

Level 15
Jun 5, 2019 12:02:00 PM

She cannot file HOH if you live together. You may have to amend prior returns. Or did you just get married in 2017?

New Member
Jun 5, 2019 12:02:01 PM

No been married 5yrs been doing it like that for years ?

Level 15
Jun 5, 2019 12:02:02 PM

Well, you've been doing it wrong, but why?  Did someone tell you to do it that way? Please see a local tax preparer to do amended returns for all those years.

New Member
Jun 5, 2019 12:02:04 PM

We've been doing it like that cause we get a better return well she dose i always have to pay if we do it together we don't get as much

Level 15
Jun 5, 2019 12:02:04 PM

But the law doesn't allow that, since you are married.

Level 15
Jun 5, 2019 12:02:06 PM
New Member
Jun 5, 2019 12:02:07 PM

Well that sucks even if she hasn't changed her name legally yet I've always done it on turbo tax so never actually talked to anyone

Level 15
Jun 5, 2019 12:02:09 PM

Her last name doesn't matter, and TT goes by what you enter on the forms. The program has no way of knowing if you make a misstatement.

Level 15
Jun 5, 2019 12:02:09 PM

Of course you get a larger refund if you commit tax fraud.  Both "single" and "Head of Household" are filing statuses for *unmarried* persons (or considered unmarried - which you are not).     If you have been filing improperly "for years" I would suggest that you seek out a tax professional to help you to correct those returns before the IRS figures it out - the penalties can be high.

Level 15
Jun 5, 2019 12:02:12 PM

I totally agree. Most likely, you (or she) have been claiming too high an EIC all these years. This can have serious consequences.See this, for example:
<a rel="nofollow" target="_blank" href="https://apps.irs.gov/app/vita/content/globalmedia/teacher/disallowance_eic_4012.pdf">https://apps.irs.gov/app/vita/content/globalmedia/teacher/disallowance_eic_4012.pdf</a>

New Member
Jun 5, 2019 12:02:14 PM

Eic?
 100% good honest truth we didn't know well this coming year we're going to h&r  to figure out how to fix this
Man i thought turbo tax was safe so much that we need to know

Level 15
Jun 5, 2019 12:02:17 PM

EIC = Earned Income Credit.
Not sure what you mean by "safe."  A computer program does not know if you are not being truthful.  TT does ask your marital status.

Level 15
Jun 5, 2019 12:02:18 PM

Turbo Tax is a self prepared return.  Turbo Tax doesn't know or check if you entered something wrong, especially your filing status.  It can only check calculations and obvious errors like if you entered the wrong SS tax in box 4 of your W2.

Level 15
Jun 5, 2019 12:02:20 PM

Why did you think it would be ok to file as Single if you were married?

Level 15
Jun 5, 2019 12:02:21 PM

You said:  "We've been doing it like that cause we get a better return."  So that means you tried it different ways first, and then decided on a course of action.

Please consider using a CPA (Certified Public Accountant) or EA (Enrolled Agent) rather than a seasonal storefront preparer like H&R Block to help you amend, etc. You need someone who can negotiate with the IRS and State on your behalf, since the interest and penalties could become high.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/tax-professionals/understanding-tax-return-preparer-credentials-and-qualifications">https://www.irs.gov/tax-professionals/understanding-tax-return-preparer-credentials-and-qualifications</a>

New Member
Jun 5, 2019 12:02:23 PM

Ok thank you