B
betsjr
Guest
My question partly involves what filing status I can/should use for my federal & NY state income tax returns.
I have been legally separated from my husband since early 97 and we had been living apart for about a year at that point. This followed my husband's mental breakdown a year earlier in 1995. I believe the last joint return we filed was for the 1995 tax year in March/April of 1996. We have a legal separation agreement only (not a divorce ruling), filed in the County Clerk's office, and we have both abided by the terms of the agreement, which included simultaneous transfer of the deed for the marital residence to my individual name in exchange for release of a certain sum of money we agreed upon from the marital assets when the separation agreement was signed.
This subject comes up each year, and I have difficulty getting a straight answer re: whether I can use Single as my filing status; it has appeared that I can only file as Single if we have a legal separation in the form of a "decree of divorce or separate maintenance," and, my matrimonial attorney previously advised me that such terminology does not exist in New York State divorce/matrimonial/family law and suggested it is federal or tax law terminology, but, regardless, there has been no decree in my case. Thus, I have continued to file returns as Married, but Filing Separately, despite the fact that I believe my husband/his accountant have prepared/filed his returns using the Single status.
Since he has only Social Security Disability Income and Interest from Savings, and, I don't believe he itemizes his deductions since his allowable medical expenses probably come close, but do not exceed, the standard deduction, I also believe he takes the Standard Deduction on both federal & NY state returns. Recently, in reviewing the instructions for filing my 2000 NY state return (Form IT 201), I read a "Caution" in the section pertaining to Deductions, indicating, if I file Married, but Separate, I cannot use the Itemized deduction unless my spouse also itemizes his deductions. A second question I have is whether this is something new for 2000.
But, foremost, I would like to know for sure what my options are regarding my filing status and, assuming I have any options, what is the best approach for me. Please note I pay significant mortgage interest and real estate taxes, on top of NY State payroll taxes, so, obviously, I am interested in itemizing my deductions on both federal and state returns.
Thanks very much to anyone knowledgeable who can help clarify this situation and provide me with some advice.
I have been legally separated from my husband since early 97 and we had been living apart for about a year at that point. This followed my husband's mental breakdown a year earlier in 1995. I believe the last joint return we filed was for the 1995 tax year in March/April of 1996. We have a legal separation agreement only (not a divorce ruling), filed in the County Clerk's office, and we have both abided by the terms of the agreement, which included simultaneous transfer of the deed for the marital residence to my individual name in exchange for release of a certain sum of money we agreed upon from the marital assets when the separation agreement was signed.
This subject comes up each year, and I have difficulty getting a straight answer re: whether I can use Single as my filing status; it has appeared that I can only file as Single if we have a legal separation in the form of a "decree of divorce or separate maintenance," and, my matrimonial attorney previously advised me that such terminology does not exist in New York State divorce/matrimonial/family law and suggested it is federal or tax law terminology, but, regardless, there has been no decree in my case. Thus, I have continued to file returns as Married, but Filing Separately, despite the fact that I believe my husband/his accountant have prepared/filed his returns using the Single status.
Since he has only Social Security Disability Income and Interest from Savings, and, I don't believe he itemizes his deductions since his allowable medical expenses probably come close, but do not exceed, the standard deduction, I also believe he takes the Standard Deduction on both federal & NY state returns. Recently, in reviewing the instructions for filing my 2000 NY state return (Form IT 201), I read a "Caution" in the section pertaining to Deductions, indicating, if I file Married, but Separate, I cannot use the Itemized deduction unless my spouse also itemizes his deductions. A second question I have is whether this is something new for 2000.
But, foremost, I would like to know for sure what my options are regarding my filing status and, assuming I have any options, what is the best approach for me. Please note I pay significant mortgage interest and real estate taxes, on top of NY State payroll taxes, so, obviously, I am interested in itemizing my deductions on both federal and state returns.
Thanks very much to anyone knowledgeable who can help clarify this situation and provide me with some advice.