QUESTION
Is spousal consent required to file our 2012 tax return?
Asked on Jan 24th, 2013 on Taxation - Wyoming
More details to this question:
Do I need my wife's consent to file our 2012 tax return? We are getting a divorce and she has no income to report.
10 ANSWERS
You can't file jointly without her consent and her signature.
Answered on Jan 28th, 2013 at 8:02 PM
No. There is a form of filing called, Married Filing Separately. Look into that. The rules are available on the IRS website. You should follow those rules strictly.
Answered on Jan 25th, 2013 at 6:43 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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If it's a joint income tax return she needs to sign the return.
Answered on Jan 25th, 2013 at 8:30 AM
Yes, spousal consent is required if you want to file a joint return. If you want to file just by yourself, as married filing separately, then you do not need your wife's consent.
Answered on Jan 24th, 2013 at 10:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She must consent to filing jointly.
Answered on Jan 24th, 2013 at 9:09 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If you plan to file a joint return, then you need her consent and signature. You do not need her consent to file a Separate return, reporting only your own income. Is any of your income from earnings? While you were together, earnings are community property, and she must report half of yours, while you only need to report half. So maybe she does have some income to report.
Answered on Jan 24th, 2013 at 9:08 PM
Saundra McDavid
In certain limited situations the IRS will accept a joint return signed by only once spouse. However if your spouse doesn't agree to file a joint return you can file as "married filing separately" or "head of household" (if you qualify for head of household). There are tax consequences each way.
Answered on Jan 24th, 2013 at 9:08 PM
Taxation Law Attorney serving Sacramento, CA
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Rex Halverson & Associates, LLP
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If you are filing a joint return, she needs to sign same. If you are filing married separate, her consent is not required.
Answered on Jan 24th, 2013 at 9:07 PM
No, you may file a "Married Filing Separately" return for 2012 without her consent.
Answered on Jan 24th, 2013 at 9:05 PM
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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She needs to sign the tax return if you are filing as "married-filing jointly." If she will not sign it, you will have to file as "married-filing separately."
Answered on Jan 24th, 2013 at 9:04 PM