My spouse and I file married by separate. I filed my taxes back in February and received my refund already. I forgot to mark the box stating that my spouse can claim me. My spouses taxes keep getting rejected because of it and the married but separate box isn't marked it says head of household. How do we fix this?
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A spouse cannot claim a spouse. If he is claiming you as a dependent he needs to correct that and refile. He needs to file as Married Filing Separately. Neither of you can file Head of Household. Neither of you can claim the other. Both of you must either claim itemized deductions or both claim standard deduction. One cannot file standard deduction and the other itemized deduction.
Yes it sounds like he is trying to claim you as a dependent. A spouse is never a dependent. Do you have child you are claiming? Maybe he’s trying to claim the same dependent as you. You need to have a qualifying dependent to file Head of Household. Do you live with your spouse or apart? If you live together you can’t file Head of Household. Double check his return that it is Married filing Separate.
Your spouse can't claim you as a dependent. Your options are Married Filing Jointly (MFJ) or Married Filing Separately (MFS). If you file separately and if you live in a community property state, there are rules about allocating income that you must adhere to.
You get more room for tax breaks when you file MFJ and lower tax rates.
For additional information, review the TurboTax article Should You and Your Spouse File Jointly or Separately?
Your spouse should file Married Filing separately (MFS).
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