QUESTION
What are the pros and cons of my cooperating with this request to file as “married, filing separately”?
Asked on Mar 28th, 2013 on Taxation - California
More details to this question:
My estranged husband has asked for my earnings for his tax return. I am married and in the process of divorcing. I have received an email from my husband's accountant saying that he wants to file as "married, filing separately". I had heard for example that whichever partner files first, has the tax deducted from their account. Is this true? I am worried that it could be a trap of some kind. If I don't know his financials, can I just file as "married" and only enter my own income?
1 ANSWER
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
When you are married, you must either file a joint return with your spouse or a separate return alone. (One exception, if you were separated for the whole year and have a dependent, you may be able to file as head of household or single.) If you are filing separate and had community income while you were living together, then half of your earnings go on his return, and half on yours. That's why they need to know your earnings, and you need to know his. Some couples agree to each report their own earnings, withholding, etc.
Answered on Mar 31st, 2013 at 10:41 PM