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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 10163
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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I am married in Akron Ohio. I Have not lived with my husband

Customer Question

I am married in Akron Ohio. I Have not lived with my husband nor have we split any bills etc for 12 years. In the past I have filed married /filing seperate. I am on disability, and claimed my mother as a dependent last year. My home was in her name and was deeded to me in 2015. I want to file for homestead tax exemption, which I qualify for, but wont if I have to include my spouses income. I called my property tax office and they told me to read pub 17. My tax accountant told me there are no special circumstances there. I was told by my tax office that there were please help
Submitted: 10 months ago.
Category: Tax
Expert:  Lane replied 10 months ago.

Hi,

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I hold a JD (Juris Doctorate, a doctoral degree in the law), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance & tax, as well as CFP® and CRPS designations. - I’ve been providing financial & tax advice since 1986.

I can help here

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Can you please elaborate a little? The objective is to get the homestead exemption from property tax? Or is the objective here to do something relative to taking your mother as an exemption. or another Federal tax issue.

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Let me know and we can go from there

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Customer: replied 10 months ago.
The objective is to get on the homestead tax exemption with me being the new owner. I did claim my mother as a dependent for 2014 return only. I will not qualify if I have to include my husband's income, it will disqualify me. I was told there is a special filing status I can use in pub 17. My tax man told me he didn't think so, that married is married and I will have to claim my estranged husbands income. I don't want to do anything illegal please help
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Lane replied 10 months ago.

OK, what they're getting at is HEAD of HOUSEHOLD filing status ... There IS an exception to being considered as married (for federal tax purposes) if all ofn the following are true

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If you were still legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

  1. You won't be filing jointly with your spouse; and
  2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and
  3. You paid more than half the costs of keeping up your home during the tax year; and
  4. You meet the qualifications to claim the individual (you mother) as your dependent
Expert:  Lane replied 10 months ago.

It's this Federal "considered as unmarried status" they you're hearing about.

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What this will really turn on, however, is whether the property tax office in your jurisdiction applies that same status for property purposes

Expert:  Lane replied 10 months ago.

I see you've asked for a call, I'll make the offer for the smallest amount possible here ($5) ... Once you see that, ... if you accept .. I can enter the office phone and we can discuss

Expert:  Lane replied 10 months ago.

A qualifying relative would be:

  • Your mother or father, if you're qualified to claim them as a dependent (even if you're not claiming them as such) OR
  • A relative related by blood, legal adoption, or marriage other than a parent (child, sibling, grandparent, nephew, aunt, step-parent, in-law, etc.) AND lived with you for more than half the year AND that you're able to claim as a dependent (even if you're not claiming them as such).
Expert:  Lane replied 10 months ago.

That's number 5, in the test. ... For a qualifying relative that is a parent, they do NOT have to live you and you DO NOT have to claim them as a dependent BUT there re those support obligations

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And again, the real test here is whether the property tax office accepts that federal filing status and will grant that "considered as unmarried" status

Expert:  Lane replied 10 months ago.

Hope this has helped … Please let me know if you have any questions at all, OR if you'd like the phone consult. (I may be able to speak with some at the tax assessors office for you).

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If this HAS helped, I'd really appreciate your positive rating … (by using the stars or rating request on your screen) … … That’s the only way JustAnswer will credit me for the work.

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Thank you,

Lane

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