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My husband had tax problems before we were married.

Customer Question
Apparently it's settled with the...
My husband had tax problems before we were married. Apparently it's settled with the IRS, and his ex-wife has told him that everything's straight. Now, as I'm filing my taxes this year, we're filing "married-separate", but he wants me to file as "single" just in case it's not settled. I've got great credit, own a home, and have other investments that I do not want the IRS or his ex-wife to be able to touch. I'm not sure if this is okay, but am I offered enough protection if the IRS wants to come back in the future? Should I file as single or married-separate? And at what point can we file as married-jointly?
Submitted: 9 years ago.Category: Tax
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3/1/2008
Tax Professional: Mark D, Enrolled Agent replied 9 years ago
Mark D
Mark D, Enrolled Agent
Category: Tax
Satisfied Customers: 1,316
Experience: MBA, EA, Specializing in Business and Individual Tax Returns and Issues
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kensnewife,

If you were married as of 12/31/2007, you could not file as single on your return. You would need to file "married filing jointly (MFJ)" or "married filing separately (MFS)". Usually MFJ will have the better tax advantages, but MFS keeps your tax liabilities and refunds separate. If you do file MFJ, you should also fill out and file Form 8857 (innocent spouse relief) with your return to protect your allocation of the refund.

Regards,

Mark D

Mark D
Mark D, Enrolled Agent
Category: Tax
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Experience: MBA, EA, Specializing in Business and Individual Tax Returns and Issues
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Customer reply replied 9 years ago
Reply to Mark D's Post: Is there a point where we can file jointly?
Tax Professional: Mark D, Enrolled Agent replied 9 years ago

You may file jointly, however, if you do you should also file Form 8857 as described above.

Regards,

Mark D

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Tax Professional: Mark D, Enrolled Agent replied 9 years ago

kensnewwfe,

I apologize as I gave you the wrong form number. You will want to file Form 8379 (Injured Spouse) to protect your portion of the refund.

Regards,

Mark D

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Mark D
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