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Ok I am married but want to filed separate because my

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Ok I am married...

Ok I am married but want to filed separate because my husband is paying child support would you suggest we use the same tax form or separate form and will we be able to receive the married tax break

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Yes i filed separate last year because irs took all of his earnings and i dont want that to happen to me if i file with him

Submitted: 4 months ago.Category: Tax
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1/6/2018
Tax Professional: Lane, JD, CFP, MBA, CRPS replied 4 months ago
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 14,193
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
Verified

Hi. My name's Lane.

...

Financially, it almost ALWAYS better to file jointly (Married Filing Jointly - MFJ) becasue of the higher standard deduction and lower tax brackets.

...

BUT you've just mentioned about the ONLY reason to file separately (Married Filing Separately - MFS)

...

With MFJ filing, the refund belongs to BOTH of you, so that EITHER of your previous tax debt, delinquent child suport, federal student loan interest not paid, etc. can cause the refund to be taken.

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 4 months ago

HOWEVER, if you're at the place where you think he's current on everything, THEN (and I'd say only then) you should file jointly to get the better tax rates and deduction.

...

Please let me know if you have any other questions AT ALL before rating me.

...

If this has helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit") … That’s the only way JustAnswer will compensate me for the work here.

...

But if you need more on this, please let me know.

Lane

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Customer reply replied 4 months ago
my son is 38yrs old an i claim him because he resides with me and he has a mental health issues with HIV
Tax Professional: Lane, JD, CFP, MBA, CRPS replied 4 months ago

You just sent a screenshot of an order for a uniform?

...

Regardless, yes it's likely that you can.

...

Here are the qualifying child rules. (I'll underline the pertinent part)

...

Relationship

  • Your son, daughter, adopted child, stepchild, foster child or a descendent of any of them such as your grandchild
  • Brother, sister, half brother, half sister, step brother, step sister or a descendant of any of them such as a niece or nephew

Age

  • At the end of the filing year, your child was younger than you (or your spouse if you file a joint return) and younger than 19
  • At the end of the filing year, your child was younger than you (or your spouse if you file a joint return) younger than 24 and a full-time student
  • At the end of the filing year, your child was any age and permanently and totally disabled

Residency

  • Child must live with you (or your spouse if you file a joint return) in the United States4 for more than half of the year

Joint Return

  • The child cannot file a joint return for the tax year unless the child and the child's spouse did not have a separate filing requirement and filed the joint return only to claim a refund.
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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 4 months ago

Yes, you can claim your child as a Qualifying Child dependent (filing as Married Filing Separate) if:

  • The child must be related to you. The child can be your son, daughter, stepchild, eligible foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, adopted child or an offspring of any of them.
  • Your child must be under age 19 or, if a full-time student, under age 24. There is no age limit if your child is permanently and totally disabled.
  • Your child must live with you for more than half the year, but several exceptions apply (ie. away at school).
  • The child cannot provide more than half of his/her support.
  • You must be the only person claiming the child
  • The child must be a US citizen, resident alien, national, or resident of Mexico or Canada.
  • The child cannot file a joint return with his or her spouse.
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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 4 months ago

ling separately youn WON'T, however, get the earned income credit

...

Please let me know if you have ANY questions at all, before rating me.

If this has helped, and you DON’T have other questions … I'd appreciate a positive rating, using the stars on your screen, and then clicking “submit"– That’s the only way I’ll be credited for the work.

I hope you’ll rate me based on my accuracy and thoroughness (as opposed to any good news/bad news content). Thank you!

..

But if you need more on this, please let me know.

Lane

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 4 months ago
Hi... just checking back in. Did my answer help?Let me know if you need more,Lane
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Lane
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
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Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986

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