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If I was divorced on December 22, 2016, can I file a joint…

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If I was divorced...

If I was divorced on December 22, 2016, can I file a joint tax return with my ex husband?

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I was divorced On December 22, 2016. I want to know if my ex-husband and I can file a joint tax return. We are both in agreement that this would be most beneficial for both of us. However, I was told because we were not married a full year we cannot file together. Is this true?

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On December 22, 2016 my divorce was final. I want to know if my ex-husband and I can file a joint tax return. We are both in agreement that this would be most beneficial for both of us. However, I was told because we were not married a full year we cannot file together. Is this true?

Submitted: 7 months ago.Category: Tax
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12/27/2017
Tax Professional: Tax.appeal.168, Tax Accountant replied 7 months ago
Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 4,795
Experience: 3+ decades of varied tax industry exp. Tax Biz owner
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Hello. Happy Holidays!! Thank you for choosing this Q&A service for assistance. My name is***** am reading over your inquiry. I will respond to you shortly.

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Tax Professional: Tax.appeal.168, Tax Accountant replied 7 months ago

I do understand that it would be beneficial to use the MFJ filing status, however, if a person is legally not married at the end of the year (Dec. 31st), the person is unable to file as married.

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Tax Professional: Tax.appeal.168, Tax Accountant replied 7 months ago

Considered Married

You can file a joint married return if you're legally married on December 31. It doesn't matter if you and your spouse no longer live under the same roof, provided you're not separated or divorced by court order. You can establish two separate residences and still file a joint return. You're also married for tax purposes if your spouse dies during the year. You can file a joint return with him, but only for the tax year in which he died.

REFERENCE SOURCE:

https://finance.zacks.com/legally-married-file-married-status-income-taxes-4194.html

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Customer reply replied 7 months ago
there is nothing we can do to benefit of filing together?
Tax Professional: Tax.appeal.168, Tax Accountant replied 7 months ago

Unfortunately not because the divorce was final prior to December 31st.

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