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I filed for federal tax extension and was approved, file…

I filed for federal...

I filed for federal tax extension and was approved, file under married separate, after divorce finalized, in divorce decreed I am to file singe from 2016 forward, so do I have to complete the extension as married separate or can I change to single

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Answered in 22 minutes by:
10/4/2017
Chad EA, CDFA®, CFP®
Chad EA, CDFA®, CFP®, CERTIFIED FINANCIAL PLANNER ®, Professional
Category: Tax
Satisfied Customers: 2,754
Experience: IRS Licensed Enrolled Agent, CDFA ® CFP ®, MBA
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Welcome to JustAnswer. My name is ***** ***** I will be able to assist you today.

Being able to file as single will depend on your status on December 31st. Where you married or unmarried on December 31st? If you are considered unmarried on December 31st then you may file as single. If you were still married on December 31st then you may either file as married filing jointly, Married filing single or head of house hold.

Unmarried persons. You are considered unmarried for the whole year if, on the last day of your tax year, you are either: Unmarried, or Legally separated from your spouse under a divorce or separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree.

Depending on how long you were separated you may be able to file as head of household, Married filing jointly or Married filing separately

You are considered unmarried on the last day of the tax year if you meet all the following tests

1. You file a separate return

2. You paid more than half the cost of keeping up your home for the tax year.

3. Your spouse did not live in your home during the last 6 months of the tax year.

4. Your home was the main home of your child, stepchild, or foster child for more than half the year.

5. You must be able to claim an exemption for the child.

http://www.irs.gov/pub/irs-pdf/p17.pdf

"Spouse did not live with you. If you are married and your spouse did not live in your home at any time during the last 6 months of the year, you may be able to file as head of household, instead of married filing separately. "

Please let me know if you have any further questions. If you have no further questions, please take a moment to scroll up and click on three stars or more so I may be credited for my answer. A positive 5 star rating is always appreciated.

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Customer reply replied 10 months ago
In my final divorce decreed: For the purpose of determining income tax liability the parties agree and hereby partition 100 percent of the income, gain, loss and etc.. as the sole and separate property, as if that party had been single and unmarried from January 1, 2016 through the date of divorce.

As if the party had been single and unmarried is different from being unmarried for IRS tax purposes. The majority of the information above is directly from IRS Publication 17. The IRS is a separate entity from state court and applies the language from the revenue code to determine tax status.

"Unmarried, or Legally separated from your spouse under a divorce or separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree."

If you feel you were legally separated under a divorce or separate maintenance decree on December 31st then you may file as single. You should be prepared to defend your position with documentation if you are questioned in the future.

Chad EA, CDFA®, CFP®
Chad EA, CDFA®, CFP®, CERTIFIED FINANCIAL PLANNER ®, Professional
Category: Tax
Satisfied Customers: 2,754
Experience: IRS Licensed Enrolled Agent, CDFA ® CFP ®, MBA
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