Married filing seperated

[braddahjoe]

What is the name of your state?Hawaii
1) Is it legal to be married and file as " seperated "?
2) Wife claims child, head of household, living apart from spouse.
3) Husband earning majority of income with no exempts.
4) Even though, the couple are still living together as husband & wife.
5) Not 1 year, not 2 years, but 3 years.
6) By the 3rd year another child is born & used as deduction of the wife's forms.

[AHA]

Major contradiction:

1) Is it legal to be married and file as " seperated "?
2) Wife claims child, head of household, living apart from spouse.
4) Even though, the couple are still living together as husband & wife.
6) By the 3rd year another child is born & used as deduction of the wife's forms.

So they are separated, living apart, living together as husband and wife and making babies?

This clearly does not add up!!!!

[Snipes5]

Originally Posted by braddahjoe

What is the name of your state?Hawaii
1) Is it legal to be married and file as " seperated "?
2) Wife claims child, head of household, living apart from spouse.
3) Husband earning majority of income with no exempts.
4) Even though, the couple are still living together as husband & wife.
5) Not 1 year, not 2 years, but 3 years.
6) By the 3rd year another child is born & used as deduction of the wife's forms.

1) Yes, there is a filing status called "married filing separate". It is NOT, however, legal to file as single/head of household when one is married and living with one's spouse in the US, and both are either US Citizens or Resident Aliens.

2) If Wife is living with Husband, this is tax fraud, see answer #1.

3) This is irrelevant.

4) See answer #1.

5) This is also irrelevant except that the IRS would be very interested in it.

6) Next time just ask your question. No need to list each sentence as a separate question.

If you *like* these people, politely explain to them that they are committing tax fraud and should amend their tax returns promptly, and pay back the money the owe. Sounds like they are probably bilking the Gov't to the tune of thousands in Earned Income Credit. If you don't like them, call the IRS fraud division and give them these people's names and address. I am sure the IRS will be glad to have it. They will send Guido to straighten them out.

Snipes

[braddahjoe]

I wish it was that easy! Unfortunately, the husband wasn't aware of this and was under the impression that, his wife had filed their taxes "seperately" not "seperated". He discovered this only because they are currently apart and going to file for a seperation and eventually divorce. He thought nothing of it when he signed his forms he was misled into thinking that they were filing as "married filing seperately". In fact, he said that last year, the 3rd incident, she filed it electronically. Which to my knowledge is legal for a spouse to do.

[Snipes5]

It would be very easy for him to know how his taxes are filed. Just below the name and address section on the form, there's a place to check "filing status".

ONE of them very clearly states "married filing separately". So if he can read, and bothered to read his tax returns, he will know how he filed. And if he signed them, he should have read them. A spouse cannot file a joint return without the other spouse's signature unless they forge it.

If he filed as "married filing separately", then he is fine. If he filed any other way besides "married filing jointly" with his wife, then he should amend his last three years of returns to married filing separately.

It doesn't have to be difficult, it just has to be done correctly by someone who is paying attention. And let this be a lesson to you, and your friend. Never sign anything without reading and understanding it first.

Snipes

[braddahjoe]

If this were reported to the IRS, what would be their options? as compared to if they were reported to the IRS?