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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28081
Experience:  Taxes, Immigration, Labor Relations
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Due to being married this past year & some issues with ...

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Due to being married this past year & some issues with my husband''s past with the IRS, we decided to file "married filing separate." When doing this I was told by Jackson & Hewitt that I would not be able to write off my children''s daycare expenses which is significant in 2007? Is this correct? If so, is there any legal way around this or any other line item I could file this under?

Information you was given is correct - not only dependent care expenses may not be deducted with "married filing separate" filing status - but some other as well.

Please see for reference IRS publication 503 -

While the "married filing separate" filing status is the best protection from the situation when your portion of the tax refund would be garnished - other options do exist.

  • if you may be considered unmarried (lived apart from your husband last 6 months of the 2007) - you may file as a head of household and claim dependent care expenses.
  • If the IRS may apply your share of a refund against a liability owed by your spouse, you're an injured spouse and as such entitled to relief - you may file a form 8379 - - and attach it to your return.
  • You may still file as "married filing separate" and do not claim your credits - you will generally have three years to amend your return to "married filing jointly" claim all credits and still get your refund.
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