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clark1225
New Member

My husband an I didn't live together in2017 we're separated an have been if I file married filing joint will I getin trouble for putting in his info I file taxes he don't

 
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DanielV01
Expert Alumni

My husband an I didn't live together in2017 we're separated an have been if I file married filing joint will I getin trouble for putting in his info I file taxes he don't

It depends.  Even though you are physically separated, you may still file a joint return if you are not legally separated, but you cannot do so without his authorization.  By law, he must sign the return.  To file his information without his permission is tax identity theft.

Since you didn't live together, it is possible that you can eliminate the complication if you qualify to file Head of Household.  If you have children living with you, you may qualify for this status.  Head of Household will allow you to claim all of the same credits as filing joint, while not requiring his signature or income.  Here is an FAQ with more information on this:  https://ttlc.intuit.com/replies/4206137

Still, if he is agreeable to file a joint return and that is more advantageous, you have that option.  But he must sign the return.

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1 Reply
DanielV01
Expert Alumni

My husband an I didn't live together in2017 we're separated an have been if I file married filing joint will I getin trouble for putting in his info I file taxes he don't

It depends.  Even though you are physically separated, you may still file a joint return if you are not legally separated, but you cannot do so without his authorization.  By law, he must sign the return.  To file his information without his permission is tax identity theft.

Since you didn't live together, it is possible that you can eliminate the complication if you qualify to file Head of Household.  If you have children living with you, you may qualify for this status.  Head of Household will allow you to claim all of the same credits as filing joint, while not requiring his signature or income.  Here is an FAQ with more information on this:  https://ttlc.intuit.com/replies/4206137

Still, if he is agreeable to file a joint return and that is more advantageous, you have that option.  But he must sign the return.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

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