Tax HELP To File joint or seller are?

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  • Tax HELP To File joint or seller are?


Answer #1 | 11/12 2013 20:52
CA is a community property state so it is not your money. They will usually take half if you file the innocent spouse. The sooner it is paid off the better as it will follow you around a long time. Not nice to deny support to his kid(s). How would you feel if it was you? If you file mfs then you lose the earned income credit and money is wasted.
Answer #2 | 11/12 2013 22:46
A spouse never can be claimed as a dependent by their spouse. You can file a joint return and file an injured spouse form to protect your share of any refund from being taken for his debt. Instructions are at Since CA is a community property state, half of the income and half of the refund is considered to be his though, so that will be taken.
Answer #3 | 12/12 2013 04:23
NOT as a dependent but MFJ as a cotaxpayer for 2 exemptions on the MFJ federal income tax return during the 2014 tax filing season for the 2013 tax year. And both cotaxpayer will be required to sign the MFJ FIT return during the 2014 tax filing season for the 2013 tax year. Fill out and file the 8379 form and sign and send in with your MFJ income tax return for that purpose. Form 8379, Injured Spouse Allocation The injured spouse on a jointly filed tax return files this form to get back their share of the joint refund when the joint overpayment is applied to a past-due obligation of the other spouse. Instructions for Form 8379 (11/2012) Injured Spouse Allocation Line 5. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. If you live in a community property state, special rules will apply to the calculation of your injured spouse refund. Enter the community property state(s) where, at any time during the year, you and your spouse resided and intended to establish a permanent home. For more information about the factors used to determine whether you are subject to community property laws, see Pub. 555. In community property states, overpayments are considered joint property and are generally applied (offset) to legally owed past-due obligations of either spouse. However, there are exceptions. The IRS will use each state's rules to determine the amount, if any, that would be refundable to the injured spouse. Under state community property laws, 50% of a joint overpayment (except the earned income credit) is applied to non-federal tax debts such as child or spousal support, student loans, state unemployment compensation debts, or state income tax. However, state laws differ on the amount of a joint overpayment that can be applied to a federal tax debt. The earned income credit is allocated to each spouse based on each spouse's earned income. For more guidance regarding the amount of an overpayment from a joint tax return that the IRS may offset against a spouse's separate tax liability, see the revenue ruling for your state, below. Hope that you find the above enclosed information useful. 12/12/2013
Answer #4 | 12/12 2013 12:48
Since he owes child support - YES, both CA and the gov't. will take your refunds. Plus, you can't claim a spouse as a dependent.

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