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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15711
Experience:  15years with H & R Block. Divisional leader, Instructor
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My husband continues to owe taxes due to not having enough

Customer Question

My husband continues to owe taxes due to not having enough taxes taking out of his check. For several years I have been paying the taxes and penalties back to IRS. I live in the state of North Carolina and need to know if I can file separate and continue to use some of the deductions on my personal return?
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.


Yes you can file a married filing separate return. You would only then be responsible for your own tax liability.

When you file a tax return as Married Filing Separately, you and your spouse each report your own individual income, deductions, credits, and exemptions on different tax returns.

If your filing status is Married Filing Separately, the following limitations will apply:

  1. If your spouse itemizes, you cannot claim the standard deduction. In order to claim deductions, you will have to itemize as well.
  2. If you can claim the standard deduction, your standard deduction amount will be half of what it would be on a joint return.
  3. You will generally have a higher tax rate than you would have on a joint return.
  4. Your Alternative Minimum Tax exemption amount will be half of what you would get on a joint return.
  5. In most cases, you cannot claim the Child Care, and the amount that you can exclude from income under an employer's dependent care assistance program is limited to half that of a joint return filer. (If you are legally separated or living apart from your spouse, then you may still be able to file separately and claim the credit.)
  6. You cannot claim the EIC.
  7. In most cases, you cannot claim the Adoption credit, nor can you exclude employer-provided adoption benefits from your income.
  8. You cannot claim any education tax credits (the American Opportunity Credit and Lifetime Learning Credit).

You can split the itemized deductions. Whatever you do on the federal you also use for NC for filing status.

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Expert:  Robin D. replied 1 year ago.

Respond below after you read

Expert:  Robin D. replied 1 year ago.

Checking back to see if you had responded yet after you read my answer to your question.