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02-07-2006, 07:35 PM
| | Junior Member | | Join Date: Feb 2006
Posts: 5
| | | filing status
I am married but havn't seen or heard from my husband in 3 years. Can I file single since I only support myself. This is in N.Y. no children . I am the only dependent. |
02-08-2006, 04:20 PM
| | Senior Member | | Join Date: Jan 2006 Location: Il.(near StL, Mo.)
Posts: 2,207
| | | Yes, since you haven't lived with your husband for 3 years, you can file a return as a single person. (single return) |
02-09-2006, 12:04 AM
| | Senior Member | | Join Date: Aug 2003
Posts: 1,848
| | | Betty,
On what exactly are you basing your answer? If the OP is legally separated, she can file as single. If not, she can file Married Filing Separate. That's it.
Snipes
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This post does not create an agreement to represent you before the IRS, nor does it invoke confidentiality regulations. Postings are based only on the information provided and you should consult a tax professional in your area before relying on information contained in this post.
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02-09-2006, 08:58 AM
| | Member | | Join Date: Jan 2006 Location: long island ny
Posts: 99
| | Quote: |
Originally Posted by Betty Yes, since you haven't lived with your husband for 3 years, you can file a return as a single person. (single return) |
I have done some looking into myself and you can only file single if you are infact single, married filing seperate is best for you. If their are divorce papers in the courts and you had a child , you could claim HOH but since that is not the case, that is out also. Sorry
I would find him and serve him papers and get the process going or you will have the same problem next year |
02-09-2006, 10:21 AM
| | Senior Member | | Join Date: Aug 2003
Posts: 1,848
| | | I am glad you have done some looking into it.
However, at least three EA's and an attorney or two have discussed it at length on this site, and we agree that if the OP is LEGALLY SEPARATED, she can file SINGLE.
Snipes
__________________
This post does not create an agreement to represent you before the IRS, nor does it invoke confidentiality regulations. Postings are based only on the information provided and you should consult a tax professional in your area before relying on information contained in this post.
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02-09-2006, 01:21 PM
| | Senior Member | | Join Date: Jan 2006 Location: Il.(near StL, Mo.)
Posts: 2,207
| | Quote: |
Originally Posted by Snipes5 Betty,
On what exactly are you basing your answer? If the OP is legally separated, she can file as single. If not, she can file Married Filing Separate. That's it.
Snipes | Snipes, I had read some information that if the wife had not lived with the spouse for at least six months of the prior year, she can file as if she was single - single, individual return. Maybe the info I read was not correct - if so, I am sorry I gave incorrect info. It's one of those you can't always believe what you read things I guess. Betty P.S. Thank you for giving me the correct info
edit to add add'l. info: Snipes, I did some further checking & see that she must be LEGALLY separated - then can file as SINGLE. The other info I read I'm sure was incorrect.
Last edited by Betty; 02-09-2006 at 01:42 PM.
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02-09-2006, 01:32 PM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 31,772
| |
Quote: |
Originally Posted by Snipes5 I am glad you have done some looking into it.
However, at least three EA's and an attorney or two have discussed it at length on this site, and we agree that if the OP is LEGALLY SEPARATED, she can file SINGLE.
Snipes | Snipes,
I am NOT trying to argue with you but am curious as to the reason why you and the others believe that Legally Separated is the same as SINGLE. IN fact the person is still married. They cannot marry anyone else and are still seen as married by various stages of government in a lot of respects.
So why would the IRS allow them to file as Single. |
02-09-2006, 02:08 PM
| | Senior Member | | Join Date: Aug 2003
Posts: 1,848
| | | The only real answer to that is because Congress told them to.
Snipes
__________________
This post does not create an agreement to represent you before the IRS, nor does it invoke confidentiality regulations. Postings are based only on the information provided and you should consult a tax professional in your area before relying on information contained in this post.
|
02-09-2006, 05:57 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,373
| | Quote: |
Originally Posted by Ohiogal Snipes,
I am NOT trying to argue with you but am curious as to the reason why you and the others believe that Legally Separated is the same as SINGLE. IN fact the person is still married. They cannot marry anyone else and are still seen as married by various stages of government in a lot of respects.
So why would the IRS allow them to file as Single. | Because people who are legally separated are no longer legally responsible for each other financially. | |
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