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Amend joint/married return to head of household and single returns? |
I have been searching for hours trying to find this answer. I have a client who is married but has not lived with her husband for a few years (they are separated, but not legally) and she has a daughter who has lived with her this whole time. She has been giving her tax information to her husband for him to give to his CPA, so they have been filing joint returns. Your answer appears in the Internal Revenue Manual: Not after midnight 4/15/2008. The only exception would be if they weren't legally married to each other and filed jointly in error. Your client can file head of household, and the husband file single. Per the IRS website, " You may also qualify for head of household status if you, though married, file a separate return, your spouse was not a member of your household during the last six months of the tax year, and you provided more than half the cost of maintaining as your home a household that was the main home for more than one half of your tax year of a qualifying person. " The link is http://www.irs.gov/taxtopics/tc353.html. |
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