Tax question: filing as Head of Household?

I am in a really tight spot and trying to figure out what to do. I got separated from my husband on August 1st, 2006 and that makes me ineligible to file as head of household, even though I was the sole breadwinner in the home for 4 out of the 7 months my husband and I lived together. I have two children, so I have qualifying dependents, but my tax man won%26#039;t try filing as head of household since was only alone for the last 5 months of the year, not 6, as the law supposedly states. I have tried to get my soon-to-be-ex-husband to file jointly with me so I can claim the child tax credits and stuff but he refuses. If I file married, separately, I will only get about $1500 back, whereas I%26#039;d get about $7000 married filing jointly, and at least that, if not more as head of household. I need this money desperately to pay my lawyer for the divorce, and my tax preparer suggested I go to another preparer and just tell them I got separated on June 20th or some such.

Tax question: filing as Head of Household?

Sorry, but you are not entitled to file HoH. Your tax preparer is bound by law to follow the law and is correctly refusing to file a fraudulent return at your request. However, he or she did you a disservice by telling you to lie to another tax preparer.

The IRS could check your filing status and request proof of your claim to HoH. They would want evidence that you lived apart for the entire last half of the year. If you had moved out, they would want to see receipts or cancelled checks for rent or mortgage payments, or see the same from your ex if he had moved out. They may also simply ask your ex and ask for proof of his living expenses for the year. If he%26#039;s the spiteful type who is not willing to file a joint return he%26#039;s not likely to lie for you for that -- if anything he%26#039;s much more likely to be PAINFULLY honest on that one piece of information.

And it gets worse. Your EITC would be denied, or course, but the little known fact is that once EITC has been denied for fraudulent claims you will be barred from future EITC claims for 10 YEARS!

If you get caught out, your $5,500 fraud could baloon to a 5-figure nightmare with the IRS. I know that times are tough for you right now, but you do NOT want to compound that with IRS problems!

Unfortunately, my accountant friend above is NOT correct. The link supplied refers to the CA Franchise Tax Board. CA might have different rules on State returns but that won%26#039;t help you with your Federal return -- or be of any use to you if you don%26#039;t live in CA.

Tax question: filing as Head of Household?

Head of household belongs to the Custodial Parent! If you do not have a legal separation and you listed as the custodial parent, then your tax man is correct. Filing together or seperate, has to be a decision YOU %26amp; your husband have to agree on. But, without legal papers stating who the Custodial Parent is, you will have to file single w XXX dependents.

Tax question: filing as Head of Household?

I just filed as head of household myself and am going through a long drawn out divorce. You have to be separated for at least 6 months of the year to file as head of household. If you cheat and file as head of household you are going to be nailed to the wall when you are in court for things like child support and marital property. You will more than likey have to provide your tax records as part of the income statements. He will know when you stopped living together and could make an issue of it in court. Don%26#039;t bend the rules for the right away cash, it could end up costing you more down the line.

Tax question: filing as Head of Household?

The 6 months isn%26#039;t %26quot;supposedly%26quot; what the law says, it IS what the law says. And it%26#039;s very unethical of your tax preparer to suggest that you file a fraudulent return. Understandable maybe - he or she can see you%26#039;re in a tough spot - but still unethical to suggest that you break the law. Knowing that you%26#039;re not eligible for HofHousehold, he or she would be breaking the law also to file a return for you that he/she knows to be false.

You could still legally get the child tax credit, but not any child care credit or EIC, which is probably the big difference.

If you find some other preparer, and tell them you separated in June, and file head of household, you%26#039;ll probably get away with it. Probably. But you%26#039;ll be filing a false return, which is illegal. If you get caught, you%26#039;d have to pay back the money, with interest and probably penalties. You would almost surely not be prosecuted or go to jail, although that is a possibility, however remote. Realize that I%26#039;m not suggesting that you do this. It%26#039;s not legal.

Bostonian%26#039;s information right above this is correct, and also is good advice.

Tax question: filing as Head of Household?

If you separated less than 6 months ago you will need to either file Married Filing Separately or Married Filing Jointly. If you go to another tax preparer and say you were separated for more than 6 months you will be lying and be committing fraud. READ fines and penalties plus increased scrutiny on future years tax returns.

I would strongly discourage this. I am appalled that a tax preparer even suggested this.

One way the IRS will know is there your husband files his tax return. They will see that he filed Married Filing Separately and then will see you did not.

Another way they could find out is if you were turned in to the IRS. The IRS actually has a tax fraud hot line where you can turn people in and get a portion of what they recoup from the fraudster.

The third way would be luck of the draw. The IRS randomly audits people, besides the ones that are raising red flags.

Sorry to deliver the bad news.

Tax question: filing as Head of Household?

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