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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29558
Experience:  Taxes, Immigration, Labor Relations
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I have been separated for 17 months and submitted divorce papers

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I have been separated for 17 months and submitted divorce papers in April, 1912. I am a senior and when I received my SSA1099 I went to do my taxes. I was told that I did not need to do so since my income was $10,572. I then asked if my husband could claim me and I was told that he could not. However, I went to the IRS to make sure that he did not claim me. What was on file was an extension with his and my name on it. I did not know of this. What are the tax laws pertaining to this situation.

LEV :

Hi and welcome to Just Answer!
Only the taxpayer or his/her appointed legal representative may sign any documents on behalf of that taxpayer with the IRS.
As long as you were legally married on the last day of 2012 - you MAY file a joint tax return - but ONLY if you and your spouse both agree.
Filing an application for automatic extension - see form 4868 - http://www.irs.gov/pub/irs-pdf/f4868.pdf - doesn't require a signature - so far - there is no violation.
However if your spouse will file a joint tax return - your signature is required - and that may not be dome without you.

Customer:

MY name is XXXXX XXXXX house in georgia, I am now living in Florida. He is benefitting the homestead plus senior discounts on taxes. How do I remove my name from homestead so that I can claim homestead in Florida.

LEV :

Every person who owns and resides on real property in Florida on January 1 and makes the property his or her permanent residence is eligible to receive a homestead exemption up to $50,000. The first $25,000 applies to all property taxes, including school district taxes. The additional exemption up to $25,000, applies to the assessed value between $50,000 and $75,000 and only to non-school taxes.

LEV :

The application for homestead exemption is Form DR-501 - http://dor.myflorida.com/dor/forms/2011/dr501.doc
If filing for the first time, be prepared to answer these questions:


◦Whose name or names were recorded on the title on January 1?
◦What is the street address of the property?
◦Were you living in the dwelling on January 1?
◦Do you claim homestead in another county or state?

LEV :

If you are moving from a previous Florida homestead to a new homestead in Florida, you may be able to transfer, or “port,” all or part of your homestead assessment difference.


Read more on portability - http://dor.myflorida.com/dor/property/legislation/amendment1/pdf/portfaqs.pdf

Customer:

By law you can only claim homestead on one property. My name is also on the property in Georgia and his name and my name are on the property in Florida

LEV :

That is correct - If you are moving from a previous Florida homestead to a new homestead in Florida, you may be able to transfer, or “port,” all or part of your homestead assessment difference.|


Each applicant will have to fill out Form DR-501T, “Transfer of Homestead Assessment Difference,” in the office of the property appraiser of the county in which their new home is located. Here is the form - http://dor.myflorida.com/dor/forms/2008/dr501t.doc

LEV :

Required information on this form includes the date that the previous homestead was sold or no longer used as a homestead, the address and parcel identification number of the previous homestead, a list of all other owners of the previous homestead, an affirmative statement that none of the previous owners remained in the homestead and continued to receive a homestead exemption, and a sworn statement that he or she received the homestead exemption on the previous parcel. Form DR-501, “Original Application for Ad Valorem Tax Exemption” should also be completed to apply for the homestead exemption on the new homestead.

Customer:

You mentioned that I have to sign the tax papers. However, the 2011 taxes I never saw or signed. It was done electronically. What can I do.

LEV :

When tax return are filed electronically - there is so-called electronic signature.
As long as tax returns were prepared with your electronic signature - there is nothing you need to do. If tax returns were filed without your electronic signature - that is a fraud - and should be reported to the IRS.

Customer:

Can I still submit the 2012 taxes even though an extension has been submitted.

LEV :

Yes - you may file your tax return even you are not required to file.
Filing an application for automatic extension - allows you to avoid possible late filing penalties (if you are required to file) - but doesn't prevents you from filing.

Customer:

I believe I do not have any more questions. Thank you.

LEV :

You are welcome.
You may come later if you will need any clarification.

Customer:

How long am I permitted to chat

LEV :

There is no limit.
However I might be not immediately available. Still you may post your questions and will reply.

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