shoud she share her tax return prt1
By mkmissey76
@mkmissey76 (498)
United States
January 21, 2007 3:34pm CST
ok here is another question( acually a 2 part question) about my sister, who is going through a divorce.
since she is getting divorced she will be filing her tax returns married filing seperatly. while he was gone traveling with the horse races she was working and had to pay day care herself
should she soilt the day care with him?
3 responses
@givemebigmoney (21)
• United States
22 Jan 07
In order to claim the credit for child and dependent care expenses, your sister cannot file as "married filing separately". Now, a person can be legally married but "unmarried" for tax purposes. If that is the case, she could file Head of Household and claim the credit all to herself. This would be much more advantageous for her. Depending on her income, she may also qualify for the earned income credit.
A person is consider unmarried for tax purposes if her husband did not live in the home for the last 6 months of the tax year. Temporary absences are not considered living apart in this case.
If they are legally separated under a divorce or separate maintenance decree as of 12/31/06, then she is considered unmarried for the entire year and should file Head of Household.
References - IRS Publication 501 addresses filing status and the definition of married and unmarried. IRS Publication 503 defines the rules for taking the credit for child and dependent care expenses.
@chertsy (3798)
• United States
22 Jan 07
Legally if he wanted to he can make her share some of her tax return. Since they are still legally married and not divorced yet. Half of her's is his. She needs to be very careful about this. Doesn't matter if he didn't do a darn thing in the marriage.
1 person likes this
@doodlebug5250603 (1993)
• United States
24 Jan 07
You have a point there. but if they are legally serperated and she has signed divorce papers, or process of divorce papers then, nothing is his anymore.
1 person likes this
@doodlebug5250603 (1993)
• United States
21 Jan 07
I am a single mom and i have to do things myself b/c my ex will not help. even when it comes down to day care. no i'm not going to split it with him when we file our taxes, and she shouldn't either. if he wanted the tax break then he could of paid it all year to help her out.
1 person likes this
