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Taxes-filing jointly?

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ko123
My loves!

Member since 10/07

3002 total posts

Name:
Kristin

Taxes-filing jointly?

If we were married in November 2008, do we file jointly for the year?? I thought no since we weren't married the whole year, but someone is telling me it's illegal to file separately if we are married. Also-will we possibly get more back if we file jointly?
Kinda confused!

Thanks,
Kristin

Posted 2/17/09 3:37 PM
 
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JenMarie
One day at a time

Member since 11/07

7397 total posts

Name:
Jennifer

Re: Taxes-filing jointly?

You can do separate or joint. I don't think you'll get back more one way or the other, but I could be wrong. That's what our accountant said though.

Posted 2/17/09 3:39 PM
 

KPtoys
I'm getting old

Member since 5/05

8688 total posts

Name:
Karen

Re: Taxes-filing jointly?

I don't think it's illegal to file separatey. I also think you get more back when you file a joint return.Chat Icon

Posted 2/17/09 3:44 PM
 

ko123
My loves!

Member since 10/07

3002 total posts

Name:
Kristin

Re: Taxes-filing jointly?

Hmm ok. It's an accountant who told me this. He did say we can file married but separately but the taxes are a "nightmare"?? He said that if we are married though we have to disclose it to the IRS (I thought since I haven't even told social security that I am married it wouldn't matter?) So either way we'll probably get the same back? Thanks...

Posted 2/17/09 3:44 PM
 

MST9106
My life:)

Member since 6/06

9589 total posts

Name:

Re: Taxes-filing jointly?

Its not illegal to file separately. You can file however you want to.

Posted 2/17/09 3:49 PM
 

MrsPJB2007
MBA at your service!

Member since 7/06

12020 total posts

Name:
MJ

Re: Taxes-filing jointly?

Your filing status is determined by what you are on the LAST DAY of the tax year---so it doesn't matter if you were married on Jan. 1st, 2008 or Dec. 30, 2008....you can file as married filing joint. More often than not, it works out better for your tax liability if you just file MFJ.

Married filing separate is something that does NOT have many tax advantages to it at all, I wouldn't recommend it.


Posted 2/17/09 3:50 PM
 

OStewarts
LIF Adult

Member since 11/07

1096 total posts

Name:

Re: Taxes-filing jointly?

A few of my friends told me that their "tax professionals" told them that they "could" file as SINGLE even though they are actually married Chat Icon Chat Icon and that the IRS would NEVER know! Chat Icon Chat Icon (These are people who were married recently and did not change their names.)

I cannot believe that licensed professionals would actually raise this as an option! It amazes me but maybe I am missing something. Isn't that fraud?

I can say that after I was married, DH and I started filing Jointly and we get creamed on our returns now. Maybe this is why people are more apt to do it?? Nuts!

_____

ETA:

I just re-read your initial question and I realized that I went a little off topic. Sorry about that. I just had a conversation with someone today about this, so my mind was still focusing on that. Did not mean to insinuate that you were doing anything wrong.

Message edited 2/17/2009 4:54:13 PM.

Posted 2/17/09 4:08 PM
 

Blazesyth
*yawn*

Member since 5/05

8129 total posts

Name:

Re: Taxes-filing jointly?

You can file seperate returns even if you are married.

Our accountant will do our taxes each way and see which way works out better for us. Usually, its about the same...

Posted 2/17/09 4:19 PM
 

MrsPJB2007
MBA at your service!

Member since 7/06

12020 total posts

Name:
MJ

Re: Taxes-filing jointly?

Posted by MST9106

Its not illegal to file separately. You can file however you want to.




I think the OP was referring to filing SINGLE when you are married--not just Married Filing Separate.

If by law, you are legally married, and you choose to file as Single or Head of Household -- yes that is in violation of law. There are very few exceptions to this rule---and for the most part, people who live together all year long and are legally married, do not have the legal recourse to file as Single or HOH. You can either do MFJ or MFS only.

Posted 2/17/09 4:33 PM
 

ko123
My loves!

Member since 10/07

3002 total posts

Name:
Kristin

Re: Taxes-filing jointly?

Posted by MrsPJB2007

Posted by MST9106

Its not illegal to file separately. You can file however you want to.




I think the OP was referring to filing SINGLE when you are married--not just Married Filing Separate.

If by law, you are legally married, and you choose to file as Single or Head of Household -- yes that is in violation of law. There are very few exceptions to this rule---and for the most part, people who live together all year long and are legally married, do not have the legal recourse to file as Single or HOH. You can either do MFJ or MFS only.




Thanks all! Yes, I think the accountant I spoke to meant I cannot file single anymore now that we're married. I've been going to him for years so I do trust him, I was just surprised that I couldn't do anything I want. hahaha.
Thanks again!

Posted 2/17/09 5:00 PM
 

ave1024
I Took The Wrong Road

Member since 12/07

6153 total posts

Name:
That Led To The Wrong Tendencies

Re: Taxes-filing jointly?

You can still file as single on your W4 form with your employer to withhold maximum taxes even if you are married.

Maybe that is what he is referring to.

Posted 2/17/09 5:02 PM
 

EmmaNick
*

Member since 12/06

16001 total posts

Name:
*

Re: Taxes-filing jointly?

Posted by MrsPJB2007

Posted by MST9106

Its not illegal to file separately. You can file however you want to.




I think the OP was referring to filing SINGLE when you are married--not just Married Filing Separate.

If by law, you are legally married, and you choose to file as Single or Head of Household -- yes that is in violation of law. There are very few exceptions to this rule---and for the most part, people who live together all year long and are legally married, do not have the legal recourse to file as Single or HOH. You can either do MFJ or MFS only.




I can't tell you how many married clients that have come into my office and have each filed separately as HOH and each claimed a child. I just can't believe any tax preparer would advise them to do that.

Posted 2/17/09 5:29 PM
 

nicrae
He's here!

Member since 12/06

9289 total posts

Name:
Mommy

Re: Taxes-filing jointly?

Posted by ave1024

You can still file as single on your W4 form with your employer to withhold maximum taxes even if you are married.




That is what we do and then we file seperately but claim married on our taxes. We get $$$$$ back.

Posted 2/17/09 8:18 PM
 

Reese1106
Family of 4! :o)

Member since 8/06

6655 total posts

Name:
Theresa

Re: Taxes-filing jointly?

We were married in November and we filed jointly for that year. Each situation is different but we ended up getting more back that way. Our W4 status is married but withholding at the higher single rate, NOT single.

Message edited 2/17/2009 10:08:22 PM.

Posted 2/17/09 10:07 PM
 
 

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