My clients were legally seperated in 2009 and the divorce was final in Jan. 2010. They lived in the same house (unable to sell) and got a 1098 in both names. I've decided that I will split the interest and property tax, since they both were liable and paid. My first thought was to file one as single and one as HOH with the child. However, since they technically lived in the same house all of 2009 (even though not 'together' they occupied seperate floors) I'm thinking I have 2 single filings here? HELP!!!!
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At first blush (and I never blush!) I would have thought these married folks could chooseOriginally posted by Super Mom View Post
which way to go, joint or single. But reading publication, first column of page 22,
they are "considered unmarried" for tax purposes, and nowhere under married filing jointly do I see the option for MFJ granted by IRSsChEAr$,
Harlan Lunsford, EA n LA -
I know they can't do joint because they did have a legal seperation, otherwise I would have went with that option. Now I'm at one single and one HOH or 2 singles, and is splitting the state refund (itemizers) and splitting the 1098 interest and property tax ok?Comment
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just wondering
I have never had this situation before, but they are still legally married even though they have a legal separation.
Doesn't IRS say "your status at end of year" Still married - MFJ or MFS. Neither of them are really single until divorce is final.
LindaComment
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The taxbook says that if they are legally seperated in 2009 according to state law (and they were) then they must file single or HOH if they qualify.Comment
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As for HOH issue, I wouldn't even think about that, given the living arrangements etc inOriginally posted by Super Mom View Post
this particular case. Living apart on two different floors is one thing, but proving more than
1/2 costs of household is quite another.ChEAr$,
Harlan Lunsford, EA n LAComment
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I learned something new today. I guess I have never had someone that was legally separated.
LindaComment
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There's always something new, these taxes really keep us on our feet!Comment
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The improtant part of that is "legally seperated". Many states have wording in their laws that forbid legally seperated people from living together. So assuming this is one of those states and the people just ignored the laws and lived together, are they still "legally" seperated?Comment
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Good question, I don't know, it's in NC anyone know?Comment
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OK, since no responses on the NC knowledge. Let's say they each have to be filed as single. Is splitting the 1098 interest and property tax and state refund ok?Comment
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Split it
I would split the Sch A.
As far as the filing status goes, the state of VA (a commonwealth, and not a "state") does not recognize legal separations. You are either married or divorced.
I'm sure you can call the NCDOR and find out if they recognize legal separations. 877-252-3052 from TTB States."I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur GodfreyComment
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Super Mom, You might ask JohnH
JohnH is from NC, and I'm sure he'd be glad to help. You might personal message him cause he might not see this. Or start a new thread that says, "Hey, John H, something, something."If you loan someone $20 and never see them again, it was probably worth it.Comment
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Thanks, I sent him a message.Comment
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Last year I had a client whose wife claimed she was going to file single since she thought they were legally separated JUST because the judge issued a restraining
order to keep him away from her! Not the same of course.ChEAr$,
Harlan Lunsford, EA n LAComment
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