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Old 10-17-2009, 06:16 AM
 
24 posts, read 24,894 times
Reputation: 14

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Quote:
Originally Posted by bande1102 View Post
The other thing with married filing separately is if one of you itemizes, the other has to, too--even if their itemizations are less than the standard deduction.

The only time I can think of where it would be advantageous is if one person makes significantly more than the other. Or if one person has expenses subject to income limitations. For example, if one person has deductible medical expenses (which are subject to the 7.5%). Then again if you're in a community property state, it gets even stickier.

I've rarely seen it worthwhile to file MFS.
I guess I am asking about the stickier?
We married the early part of July 2009 I just checked the OSN and it appears my spouses tax refund maybe garnished next year from a past DUI. Granted I may pay a little more in taxes by filing MFS. But I think you can see my dilemma.

With that said I understand that if one itemizes the other must too.

We lived together all year and I alone paid the house payment interest and taxes.

Now to my question?

Do have to share the interest & property tax deductions with her separate return? Or does all of it go on my MFS return?

I paid it all, So is it my deduction exclusively?

Also since we married late in the year can I file single one more time?
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Old 10-17-2009, 07:22 AM
 
9,803 posts, read 16,185,309 times
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-----my spouses tax refund may be garnished next year due to a past DUI--

???????????????

that makes no sense whatsoever !
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Old 10-17-2009, 10:35 AM
 
Location: Baltimore
1,802 posts, read 8,161,444 times
Reputation: 1975
Quote:
Originally Posted by marmac View Post
-----my spouses tax refund may be garnished next year due to a past DUI--

???????????????

that makes no sense whatsoever !

Many states have agreements in place with the feds that each will withhold any amount owed for a state or federal liability from any refund before the refund check is issued. This is not limited to taxes. So someone who has a state liability (an unpaid court fine) may have his or her federal income tax refund offset to satisfy that debt. By the same token, anyone who has a federal debt may have the state refund offset to satisfy that liability before the state refund check is issued.
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Old 10-17-2009, 10:48 AM
 
9,803 posts, read 16,185,309 times
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Where I live, you pay the DUI or go to jail.

An unpaid court fine (especially a DUI) would result in your license being revoked and a warrant issued.

A DUI fine is not the same as being behind on child support or owing back taxes.

Amazing ! a $65,000 income and one can't afford their DUI fine .
What a mess !
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Old 10-17-2009, 10:51 AM
 
4,097 posts, read 11,475,860 times
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Now to my question?

Do have to share the interest & property tax deductions with her separate return? Or does all of it go on my MFS return?

I paid it all, So is it my deduction exclusively?

**Generally, the IRS will not question the allocation so long as the combined amount is not over 100%. In other words, you both must agree to the % allocation.

Also since we married late in the year can I file single one more time?

** Sorry, if you get married 12/31, you are considered married for the whole year. No more single.

It usually is not advantageous to file MFS. Those who do more than likely made big errors in using it or have a very unusual situation. It is structured to benefit MFJ.

It is also so complex that it does not hurt to check each way and see how it goes. Use a program like Turbotax to try and make sure you dont miss some big change due to MFS.

** If a refund is taken due to a debt, the person not part of the debt can file an injured spouse form and see if any of their own refund can be returned. Depends on whether the person has their own refund from the joint return (own income and withholdings) and what state they live in.
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Old 10-17-2009, 10:53 AM
 
Location: Baltimore
1,802 posts, read 8,161,444 times
Reputation: 1975
Quote:
Originally Posted by marmac View Post
Where I live, you pay the DUI or go to jail.

An unpaid court fine (especially a DUI) would result in your license being revoked and a warrant issued.

A DUI fine is not the same as being behind on child support or owing back taxes.

Amazing ! a $65,000 income and one can't afford their DUI fine .
What a mess !
I see your point, but I suppose it's possible that she already went to jail or otherwise satisfied that part of the sentence, but is on some type of payment arrangement or deferred payment for the fine. Just guessing.
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Old 10-18-2009, 10:10 PM
 
24 posts, read 24,894 times
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That an afirmative on the fine payment or it maybe a student loan in default

either way filing together would be co mingling the funds which might be putting my share at risk.
where as mfs would not is my thought.
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Old 10-19-2009, 07:13 AM
 
9,803 posts, read 16,185,309 times
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You mean to tell us your spouse failed to pay a DUI ticket and she might get the fine taken out of her tax refund?

I kmow of no place where failure to pay a DUI fine would not result in revocation of drivers license.
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Old 10-22-2009, 11:01 PM
 
24 posts, read 24,894 times
Reputation: 14
Quote:
Originally Posted by marmac View Post
You mean to tell us your spouse failed to pay a DUI ticket and she might get the fine taken out of her tax refund?

I kmow of no place where failure to pay a DUI fine would not result in revocation of drivers license.
court settlement has already done all the above but agreed to payment plan. But payments, cant always be made with a government that has exported all jobs to Iraq IE the making of but pyramids or Black water mercenaries that make sport of Iraqi children ect.

Would lack of a DL make one exempt from federal taxes?

since when is a Mc taco stuffer required a DL any way?

Plus it could be an old student loan for all I know.

But you must agree a smaller refund is better than none at all

Hence this the government will get less money to teach the the Taliban how to eat bacon.
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Old 03-28-2011, 01:33 PM
 
1 posts, read 1,217 times
Reputation: 10
My husband is currently in school so he gets financial aid loans. I will owe a small amount back to IRS. We are recently married and bought a house on 11/30/2010. We will not qualify for the first time homebuyers credit but i want to see if it better to file jointly or separate because of his school and because i owe money
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