Hello and thank you for contacting JustAnswer. We appreciate the opportunity to be of service to you.
As long as you are still legally married you have two choices:
1) Married Filing Jointly (MFJ)
2) Married FIling Separate (MFS)
In either case there he may not use the money he paid to you as any type of deduction nor do you need to claim it as income.
Filing MFS has requirements, one of which is that if one of you itemizes the other must as well.
There are also issues that can have a negative tax impact if there are children involved. Are there any children?
Is there some overriding reason you two cannot agree to file MFJ as that is most likely to provide the best tax result for each of you.
If you have any further questions on this topic please get back to me.
Lou, thank you for your answer. In response, we have no children and married 12 years. My husband is a senior engineer of 32 year and I have been unemployed since October 2008. He earned 9 x more than I did last year and thinks I should have paid far more in taxes than was withheld. He claims I owe him $$ now even though he says he'll be getting a very large return if MFJ or MFS. Is there an IRS tax code number that I can refer to for this situation?
Here one link that could prove helpful:
http://www.irs.gov/newsroom/article/0,,id=105098,00.html
Here is a link to IRS Publication 501. Go to page 5 and in the middle column you will see the topic "Filing Status":
http://www.irs.gov/pub/irs-pdf/p501.pdf
Pay particular attention to the top left column topic "Considered Married" item 3.
So unless you are legally separated (under state law) or divorced you are considered married which allows for the two choices I mentioned in my 1st response.
If you file MFJ both you names will be on any refund, not just his. If you file MFS he will get the entire refund.
If you made little or no money you will owe little or no tax. Did you have any earned income in 2008?
Lou, during this recession, I worked part-time last year, earning only $14,500 and my withholding was $1500.00, with no itemizations on my part. Thank you for addressing these fine points.
I want to do a rough estimate. What is the amount entered in Box 1 of your W-2?
Box 2?
Can you tell me the state in which you live and the amount in Box 17 of your W-2?
Do you have any idea how much your husband earned in 2008?
Lou, during this recession, I worked part-time last year, earning only $14,500 and my withholding was $1500.00, with no itemizations on my part. Thank you for addressing these last fine points.
If, in fact, you earned $14,500 and had $1,500 withheld an reported in Box 2 of your W-2 then if you file MFS you should receive approx. $950 refund.
This is an approximation assuming your husband does not itemize.
Positive feedback is greatly appreciated.
Lou, thank you for the MFS refund info. My husband reports many deductions every year and he's definitely wanting me to report his spousal support as income to the $14,500- I earned if we each file MFS for 2008. However, as I mentioned, I have no deductions. I think, as a couple, we're better off MFJ; but then he then will expect me to pay him $$ to compensate the high refund he would've had. What a dilemma. Thank you for your patience.
The "spousal support", as you put it is not reportable income unless it has been designated by a formal signed separation or divorce decree as "alimony". If it is not "alimony" under those terms then it is not reportabel as income.
Please be aware that if he itemizes (Schedule A) then your refund would become approx. $250.
Can't you both agree to file MFJ and agree to split the refund in some equitable manner?
Lou, thank you for the MFS refund info. My husband reports many deductions every year and he's definitely wanting me to report his spousal support as income to the $14,500- I earned if we each file MFS for 2008. However, as I mentioned, I have no deductions. I think, as a couple, we're better off MFJ; but then he then will expect me to pay him $$ to compensate the high refund he would've had. Thank you for your patience.
It appears you have duplicated your prior post
Tax Preparer
25+ yrs Experience Personal Income Taxes - Former DM for H&R Block in California