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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
Satisfied Customers: 586
Experience:  10 years experience
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I am filing my 1040 today as I have been on extension. The

Customer Question

I am filing my 1040 today as I have been on extension. The past 7 years I filed married filing separately. This year I did not realize I would lose the tuition tax credit by doing so. My husband has child support from a prior marriage so i know i can file an injured spouse form 8379. However when I filed my extension I selected married filing separately. Can I now change it to joint filing. Also is there a better way of going about this so I don't lose my credits?
JA: The Expert will know what to do. Is there anything else the Expert should be aware of?
Customer: PS- now i have to include his Social Security Benefits.
Submitted: 1 year ago.
Category: Tax
Expert:  emc011075 replied 1 year ago.

Hi Betty. My name is ***** ***** I will be happy to help you.

By filling extension as MFS it only means that your extension is for you only, not for your husband. If you filed single it would not make any difference, the filing status on extension is not a filing status you must use on your tax return.

If you file jointly you will have to include all his and all your income, including social security benefits. Unless you lived apart for more than 6 month in 2015 AND have a child as qualifying dependent, your only options are filing jointly or separately.