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Filing Status
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Five Filing Statuses Married Filing Jointly
Qualifying Widow(er) with Dependent Child Head of Household Single Married Filing Separately Lowest tax (most beneficial) to Most tax
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Considered Married If: (On last day of tax year)
Spouse died during the year and the surviving spouse has not remarried Considered Unmarried If: (on last day of tax year) Unmarried Legally separated under a separate maintenance decree Divorced
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Single If: (On last day of tax year)
Never married Legally separated or divorced Widowed before the first day of the tax year and not remarried May qualify as “head of household” or “qualifying widow(er) with dependent child”
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Married Filing a Joint Return If: (On last day of tax year)
Married and: Live together, or Live apart but are not legally separated Taxpayer’s spouse died during the year and taxpayer did not remarry Responsible for any tax owed on the return Both must sign the return
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Legally Married Same-Sex Couples
Same-sex couples married in jurisdictions that recognize their marriages Will be treated as married for federal tax purposes Does not matter if they live in jurisdiction that recognizes their marriage Does not apply to domestic partnership, civil unions, or similar formal relationships recognized under state law.
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Married Filing a a Separate Return If: (On last day of tax year)
Chose to file separate returns, or Cannot agree to file a joint return Tax rate is generally higher than on a joint return Taxpayers cannot take credits for child and dependent care expenses, earned income, and certain adoption and education expenses Some credits and deductions are reduced
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Married Filing a Separate Return
If one spouse itemizes deductions the other spouse must either: Also itemize deductions, or Claim “0” as the standard deduction Reasons People File Separately Avoid an offset of their return due to spouse’s outstanding prior debt Past-due child support, student loans, or tax liability
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Head of Household 3 criteria to qualify as Head of Household:
Criterion 1: Single Met tests for married persons living apart Criterion 2: Paid more than half of cost of keeping up the main home Had a qualifying person living in their home for more than half of the year Criterion 3: Taxpayer claims the qualifying child as a dependent
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Head of Household Keeping up a home expenses include:
Rent, Mortgage Interest, Real Estate Taxes Home insurance, repairs, utilities Food eaten in the home Welfare payments are not considered amounts that the taxpayer provides to keep up a home
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Head of Household A person who is a qualifying relative for a dependency exemption, may not be a qualifying person for Head of Housld filing status View “Tab B” and refer to the definitions on page B-1
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Volunteer Guide B-1
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Volunteer Guide B-3
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Married and Living Apart with Dependent Child
Some married taxpayers who live apart from their spouses and provide for dependent children may be considered “unmarried “ for tax purposes if: Taxpayer chooses to not file a joint return Paid more than half the cost of keeping up the qualifying child’s home for the year Spouse did not live in the home during the last six months Taxpayers home was the main home of qualifying child for more than half the year
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Qualifying Widow(er) with Dependent Child
As low a tax amount as Married filing Jointly Available 2 years following the year of the spouses death Criteria Not have remarried before end of tax year Have been eligible to file a joint return for year the spouse died Have a child as the taxpayers’ qualifying child for the year Live with the child in their home all year Have paid over half the cost of keeping up the child’s home for the entire year
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