Janitor Bob Posted February 17, 2015 Report Share Posted February 17, 2015 Client gets married in 2014. She has one child in college. In 2013, client was single and had income of $22,000. So this time last year she reaped the benefits of filing HOH, EIC and AOC from her daughter's education expenses. This year, she can only file MFS or MFJ....BUT her husband does not files taxes. In his words "never have...never will". I have no idea what type of income the husband has...my client did tell me that he had several 1099s. Client tried and failed to convince husband to file. He refused...said he would rather go to jail. Client said husband made approx. $15,000 doing odd jobs in 2014 and client only made $10,000 in 2014. So if they did file joint they would get nice EIC and a few thousand for AOC (although injured spouse form might come into play to avoid having it all held for what I assume husband likely owes in back taxes)...but as stated, husband refuses to file. So...Client's only option is to file MFS...and so will not qualify for EIC or any education credits....All she can do is get back what she paid in (approx $300.00). Client can not even apply for financial aid for the daughter because now that they are married, the FAFSA wants to also pull the husband's income tax information...which does not exist. Daughter lived away from home all of 2014 (as a college student)...worked and totally supported herself. Is there any way the daughter can claim herself instead of being claimed on my client/mom's return? between her income and student loans, the daughter totally supported herself. Quote Link to comment Share on other sites More sharing options...
Max W Posted February 17, 2015 Report Share Posted February 17, 2015 If the daughter provided more than 50% of her own support, she cannot be claimed as a dependent by the mother. 6 Quote Link to comment Share on other sites More sharing options...
FreedomTaxed Posted February 18, 2015 Report Share Posted February 18, 2015 When she files MFS (since I assume they live in the same household while married) she will have to enter his name and SSN in her 1040 anyway. Does he realize this? Quote Link to comment Share on other sites More sharing options...
Janitor Bob Posted February 18, 2015 Author Report Share Posted February 18, 2015 I have pointed this out to her...who supposedly informed him....I give up. MFS for her and let chips fall where they may for him. Quote Link to comment Share on other sites More sharing options...
Pacun Posted February 18, 2015 Report Share Posted February 18, 2015 (edited) MFS and without the daughter is her only choice at this time since husband is refusing to file jointly. Edited February 18, 2015 by jklcpa fixed to MFS per later post 1 Quote Link to comment Share on other sites More sharing options...
Randall Posted February 18, 2015 Report Share Posted February 18, 2015 If a client said that to me (never filed, never will), or her new husband, she would no longer be my client. Quote Link to comment Share on other sites More sharing options...
Richcpaman Posted February 18, 2015 Report Share Posted February 18, 2015 Why do people like this get married? He is a tax thug criminal. Probably because he would get some benefit from the system, that he did not want to pay for by filing... Have her get the marriage annulled, and file without him. Rich 2 Quote Link to comment Share on other sites More sharing options...
Terry D EA Posted February 19, 2015 Report Share Posted February 19, 2015 Yup, I agree MFS without the daughter is the only choice. Advise the daughter, if you can, she maybe able to get the education credits. Quote Link to comment Share on other sites More sharing options...
MsTabbyKats Posted February 19, 2015 Report Share Posted February 19, 2015 Don't give marital advice! Quote Link to comment Share on other sites More sharing options...
JohnH Posted February 19, 2015 Report Share Posted February 19, 2015 (edited) There is absolutely no limit to the creative ways people can mess up their lives. Not much we can or should do about it unless we want to get drawn into the craziness. Edited February 19, 2015 by JohnH 1 Quote Link to comment Share on other sites More sharing options...
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