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Married but separated for 7 years

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    #1

    Married but separated for 7 years

    Had new client with dependent child. Has been filing MFS because she wasn't actually divorced. Ex also filed MFS. Friend did her return. Wouldn't she be eligible to file HOH because of the separation? Also, wouldn't she be eligible for other things, EIC, etc? Any imput will be appreciated.
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    #2
    If she meets the tests to qualify then she could file HOH. See page 3-18 in TTB for HOH tests. Same thing goes for EIC - she must meet qualifications to get it. If she has been doing this wrong for some time, you might want to amend the open years to get any refunds due. If that is the case and you get her lots of money back, you have a client for life!

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      #3
      See TTB

      Page 3-13 and 3-14 (Married Individuals considered unmarried. 5 points apply. So if your t/p meets those 5 points, she should qualify for HOH, and agree with KBTS, amend the prior open years to change from MFS to HOH. There is a flow chart on TTB 3-18 for HOH

      Other items she might qualify for would be on TTB 3-15 to 3-17.

      Good Luck,


      Sandy

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        #4
        Husband-File Single?

        Could the separated husband file as single under the above circumstances?

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          #5
          Neither spouse can file as single unless they have a final divorce or a legal separation.

          Legal spearation can vary by state. But, usually it means that the divorce has been filed and heard by the court. The divorce is not completely final, but they are considered separated by the court and law. It is unusual for someone to actually have a legal separation.

          I have wondered sometimes who would want the legal separation. Perhaps someone who wants to be separate from their spouse but their religion forbids actual divorce?
          You have the right to remain silent. Anything you say will be misquoted, then used against you.

          Comment

            #6
            Legally Separated?

            I think this couple decided to separate and, of course, live in separate households. I wouldn't think they have a "legal" separation otherwise they would have been divorced by now. The Tax Book says nothing about a legal separation, only the requirement that they lived apart for the last 6 months. Am I correct on this to claim HOH and the other benefits even though they are not "legally" separated?

            Comment

              #7
              Yes if the person meets the requirements to file HOH, they do not need to be legally separated.

              You asked if the husband could file as single. I was responding to that question.
              You have the right to remain silent. Anything you say will be misquoted, then used against you.

              Comment

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