WITAXLADY Posted February 22, 2022 Report Share Posted February 22, 2022 If someone is married - usually in the year of filing - ask if they can still file single or H/H - best situation right! No, that's part of the marriage penalty - losing all those credits - So he comes in and yes he got married in Dec and yes they each have a household - and no they are still living apart! so they have lived apart the last 6 months of the year - I say no MFL or MFS and then I look it up and I don't know - I think they can still each file H/H... Can someone tell me why not? They meet the criteria.. Quote Link to comment Share on other sites More sharing options...
Pacun Posted February 22, 2022 Report Share Posted February 22, 2022 I think the wording is live apart without "the good part" of cohabitation. As a rule of thumb, I don't think about HH when they got married after June 30th. Quote Link to comment Share on other sites More sharing options...
Terry D EA Posted February 22, 2022 Report Share Posted February 22, 2022 Only two options, MFS or MFJ and that's it. Living together or not. The only exception I am aware of is if they are living apart for more than 6 months of the year and have a separation agreement then they may be considered unmarried. If you got married on Dec 31 at 11:59 pm you are married for the whole year. Quote Link to comment Share on other sites More sharing options...
WITAXLADY Posted February 22, 2022 Author Report Share Posted February 22, 2022 "The parents: Are divorced or legally separated under a decree of divorce or separate maintenance, Are separated under a written separation agreement, or Lived apart at all times during the last 6 months of the year, whether or not they are or were married." So this came from the IRS pub 501 - it says OR and this couple maintained different homes in different cities.. and still do - because of schools? So they each could be H/H.. I have never run across this - there has always been a date after June or before .. D Quote Link to comment Share on other sites More sharing options...
Lion EA Posted February 22, 2022 Report Share Posted February 22, 2022 Are you sure they didn't cohabit for a weekend or night or afternoon delight or...at any time during the last six months of the year? Quote Link to comment Share on other sites More sharing options...
WITAXLADY Posted February 23, 2022 Author Report Share Posted February 23, 2022 ??? I should ask that? Is that considered living together or .... Quote Link to comment Share on other sites More sharing options...
Pacun Posted February 23, 2022 Report Share Posted February 23, 2022 I was looking for the word cohabitation in the rules and didn't find it. Quote Link to comment Share on other sites More sharing options...
Terry D EA Posted February 23, 2022 Report Share Posted February 23, 2022 Looking at Pub 501, the possibility for a married person to file HOH does exist. The language is "Considered Unmarried" and one of the reasons given is the spouse did not live in your home for the "last" 6 months of the year. A temporary absence is considered living in the home. I would proceed with this and get utility bills or some other proof of both residences. I would also ask a series of questions including a one night stay and document the answers. Do your due diligence. Maybe too extreme, but I might create a form with the questions that includes a jurat statement and have them sign it. You can't be too careful today. Quote Link to comment Share on other sites More sharing options...
Lion EA Posted February 23, 2022 Report Share Posted February 23, 2022 Hubby and I haven't been in the same room at the same time for a month! Do we have two separate households? Am I considered unmarried if we keep this up through 31 December? (Tax season would have to be July to December for this to work for us, but I have clients where one of them moves to their vacation home for months on end when busy.) I'd qualify for RRC3. Sweet. Quote Link to comment Share on other sites More sharing options...
WITAXLADY Posted February 23, 2022 Author Report Share Posted February 23, 2022 I like the signed statement.. Thank you all- 2 Quote Link to comment Share on other sites More sharing options...
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