QUESTION
Am I entitled to half of our tax return if we are separated?
Asked on Mar 13th, 2014 on Taxation - California
More details to this question:
We are not legally separated and still married. Am I entitled to half the tax return and can I file for tax child credit without having any other income? He is refusing to file for the credit but did in 2012. Can I file separate for that?
3 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If I understand your question correctly, you have no income and you want half the tax refund. ?You can't claim the child tax credit if you have no income because you didn't provide at least 1/2 of the child's support. For most separated couples, their taxes will be lower and their refund higher if they file "married", however, this needs to be done by agreement of both parties and how the refund is divided also needs to be agreed in advance by both parties. Neither party can claim the Earned Income Credit if they have to file "Married filing Separate", since this can be up to $6,000, it's a powerful incentive for the couple to file "Married" and agree to split the refund.
Answered on Mar 17th, 2014 at 4:43 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney or accountant and claim the retune you are due. Why would either of you want, or gain, from paying more taxes?
Answered on Mar 14th, 2014 at 6:18 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You can file a joint return, or you can file married filing separate. In fact, even if you file separate, any time in the next 3 years, you can switch to joint if it will save money!
Answered on Mar 13th, 2014 at 6:33 PM