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iam married but i dont live with my husband it has been 3 years.

the first year i file...
iam married but i dont live with my husband it has been 3 years. the first year i file head of household and have been since were are not divorce but live in separt homes with dependents. i heard the first year i should have filed separte but i did not now do i need to correct this or just let it go and also if i have to correct it do i have to redo all the years or just the first year
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2/1/2010
Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9,783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
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Do you have children?

 

Are you legally separated?

 

 

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Customer reply replied 7 years ago
no but we each own our own homes he pays for his i pay for mine we also have are own children living in them

Hello again daisey,

 

In the year that you first separated, if you were separated for at least the last 6 months of the year and you kept up the home of a dependent child, then you would have qualified to file as HOH. If you were separated for less than the last 6 months of the year, then for that year only you should have filed as Married filing a Separate Return.

 

For all later years since you were separated for the entire year, you would qualify to file as HOH.

 

If you need to go back and amend the one year due to the fact you were not separated for at least the last 6 months of the year, you may do so by filing Form 1040X for that one tax year. There will likely end up being some additional tax due for that year because the standard deduction for HOH is around $2,500 higher than it is for a married person filing a separate return, so your deductions would be slightly reduced.

 

 

Thank you daisey

 

 

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Customer reply replied 7 years ago
Just want to make sure i am clear on this yes i was separated the whole year and yes i fully supported the household and my children , some one told me that once your married you have to file the following year separate, before you can claim HOH

Hello daisey,

 

What you were told is not correct. As long as you were separated for the last 6 months of the year and you kept up the home for a qualifying child, you may file as HOH. You do not have to first file one year as separate before claiming the HOH status.

 

Refer to the following IRS publication under the section entitled Head of Household -- and then the subsection "Considered Unmarried".

 

http://www.irs.gov/publications/p17/ch02.html#en_US_publink1000170792

 

 

Thank you daisey

 

 

Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9,783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
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