I got married in Augest 2016 if i file married sep i will have to pay 129.00 can i file as single and get back1259.00

[anthonyricci]

because he gets a 1099 and allways have to pay

[SweetieJean]

Why aren't you filing Married Joint?

[SweetieJean]

MFJ is still better than MFS.
He may need to start paying quarterly estimated taxes.

[anthonyricci]

thanks you were helpful

[jerry2000 · Accepted solution]

If you were legally married as of 12/31/2016, your choices are Married Filing Jointly, if your spouse agrees,  or Married Filing Separately, unless you meet the qualifications to be "considered unmarried", in which case you could file as Head of Household. You can not file as single. The requirements to be "considered unmarried" are:

Considered Unmarried
To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests

1. You file a separate return

2. You paid more than half the cost of keeping up your home for the tax year.

3. Your spouse did not live in your home during the last 6 months of the tax year. Your
spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances.

4. Your home was the main home of your child, stepchild, or foster child for more than half the year.

5. You must be able to claim an exemption for the child. (There are some exceptions to this rule, see IRS Pub 17, Chapter 2 and 3) You can find Pub 17 at this link
http://www.irs.gov/pub/irs-pdf/p17.pdf

[SweetieJean]

Since you just got married in August, #3 is unlikely.