Still married but filing seperatly?

[Imjusta_girl]

What is the name of your state? NY

We are still married, but he has no income to report, he got paid cash this year and he was suppossed to keep track of it in the book I purchased for him, BUT HE DID NOT. So I would rather file married filing seperatly, right? Issue is I only have a small amount of taxable income to claim, I am low-income and usually get the EEC, and I can claim 3 children. If you file seperatly do you still get EEC? I desperetly need that money so I can move.

[LdiJ]

Originally Posted by Imjusta_girl

What is the name of your state? NY

We are still married, but he has no income to report, he got paid cash this year and he was suppossed to keep track of it in the book I purchased for him, BUT HE DID NOT. So I would rather file married filing seperatly, right? Issue is I only have a small amount of taxable income to claim, I am low-income and usually get the EEC, and I can claim 3 children. If you file seperatly do you still get EEC? I desperetly need that money so I can move.

I am sorry but no, someone filing married filing separately is not entitled to EIC.

[Imjusta_girl]

Could I file head of household then instead of EIC. For money reason we should file jointly then, even though we are seperating?

[LdiJ]

Originally Posted by Imjusta_girl

Could I file head of household then instead of EIC. For money reason we should file jointly then, even though we are seperating?

You cannot file head of household either. You would have had to be separated (and in NY, legally separated) for the last six months of the calendar year in order to file head of household.

Your choices are married filing jointly, and married filing separately. I think that you are going to have to accept that you won't get EIC this year. Even if you could recontruct his income, its likely that the self employment taxes he would owe on the income would wipe out a good portion of any EIC you might have received anyway.

Are you sure that he is not going to get a 1099?

[abezon]

Originally Posted by LdiJ

You cannot file head of household either. You would have had to be separated (and in NY, legally separated) for the last six months of the calendar year in order to file head of household.

For tax purposes, a legal separation is the same as a divorce. Marital status is determined on 12/31 (today!), so a legal separation that is ordered by the court anytime before then forces you to file using one of the single statuses. If you are not legally separated by 12/31, then you have to have lived apart from your spouse during the last 6 months of the year.

Depending on your combined income, the EIC may be enough to pay all his self-employment taxes. You still don't get much $$ back, but you can at least file an honest return & avoid a nasty audit with penalties in the future.