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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 13252
Experience:  Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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husband works full time. wife disabled collecting social security

Resolved Question:

husband works full time. wife disabled collecting social security disability which is non-taxable. couple seperated but living in same house. husband filed head of household on taxes. that is right?
Submitted: 1 year ago.
Category: Tax
Expert:  Megan C replied 1 year ago.

MyVirtualCPA :

Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

MyVirtualCPA :

Thank you for your question. Is the couple legally separated?

MyVirtualCPA :

Also, if they are legally separated, does the husband have a qualifying dependent?

MyVirtualCPA :

This does not sound correct; if you are married and living together you must file married filing joint or married filing separately

Customer:

I have been told in the state of Virginia there is no such thing as "legally" seperated. We have not gone to court but we do not live as a married couple. We have two children that are claimed on his taxes. We do not file married filing joint b/c we do not live married and we do not file married filing separately b/c I do not file.

MyVirtualCPA :

If there is no legal separation by your state, then you are not "legally separated" for tax purposes. Your husband would have to file married file separately even if you did not file.

Customer:

what would qualify him to file head of household?

MyVirtualCPA :

You would have to be divorced.

MyVirtualCPA :

Divorced or legally separated, which is considered unmarried. If you were still married, you would have to live separately for the last six months of the year.

Customer:

and they dont consider living seperate on two levels seperate i take it?

MyVirtualCPA :

No, that would not be separate

Customer:

is married filing seperate higher taxes and that would be ok since i dont file b/c social security said that i didnt have to file on my ssn disability

MyVirtualCPA :

Yes, married filing separately is higher than head of household. It doesn't matter that you don't file a return - you don't have to. He still has to file separately if you are not filing together.

Customer:

will there be a penalty?

MyVirtualCPA :

If he amends his return, there could be penalties and interest on the amount of tax he is required to pay. But, the IRS will calculate those for you when you file.

Customer:

where can i get the forms to send in for his ammended returns?

MyVirtualCPA :

It's a 1040X

Customer:

can i get this from the net?

MyVirtualCPA :

www.irs.gov/pub/irs-pdf/f1040x.pdf‎

Customer:

this really bites.. just thought i would share that with you.

Customer:

you have been very helpful and well worth the $30

MyVirtualCPA :

I'm truly sorry. I just gave you a link to the form.

MyVirtualCPA :

Thank you, XXXXX XXXXX glad you think so.

Customer:

is there anything else you could share with me that i didnt ask?

MyVirtualCPA :

Not that I can think of right now. but feel free to come back to this thread if you have a follow up question.

Customer:

i can do that and now have to pay?

Customer:

not

MyVirtualCPA :

Yes just come back to this particular page

MyVirtualCPA :

If you have a follow up about this question.

Customer:

so i just bookmark this page right here? i am pretty computer illiterate

MyVirtualCPA :

Now, if you have a totally different question you would need to ask a new one, but if you have a question about this same question, come back here.

MyVirtualCPA :

Yes, just bookmark the page

Customer:

thank you very much for your help. you were wonderful and you will get excellent service !

MyVirtualCPA :

Thanks. Please don't forget to rate before leaving the chat, as that is how I get credit for assisting you today.

Customer:

no problem. have a great evening !

MyVirtualCPA :

You too

Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 13252
Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
Megan C and 8 other Tax Specialists are ready to help you

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