Yes, unless you think it’s not worth it for $25k. You could still get married in November but wait until January to move together. |
OP didn’t say if their kids were shared, or if they live together. There is a perfectly legal way for OP to file as HOH, provided OP is meeting the test (as posted earlier, which was taken directly from the IRS website.) |
We are living together and the kids are shared. |
1) they could audit you 2) they have both your social security numbers and could find out if there is anything else you own jointly, which in itself would start at least a letter from the IRS |
Joint bank accounts with social security numbers, any type of loans including credit cards, state vehicle registrations - anything where you might have put down both social secuirty numbers. |
| I am annoyed every year that I can't be the Head of Household. I'm pissed that my friends who live with their fiances can claim that. |
Plenty of people have joint bank accounts and even credit cards and aren’t married. Not sure how a state vehicle registration would indicate you’re married and even if so, why the IRS would be receiving information on vehicles. Sorry but the IRS truly isn’t keeping track of who is married and who isn’t. They can’t even hire enough people to audit high earners. |
She’s talking about ONE year. Sure if you go your entire life not filing as married, then it could be a problem. But not filing as married until next year? People can’t even receive their refunds on time. The chance the IRS finds out that you got married in say, July and didn’t file as married is almost 0. If you get caught just tell them you thought you didn’t file as married until the next calendar year. Do you also believe there is a gift tax??? |
Oh the horror! All that happens from an audit is they find out if your taxes are accurate. If not, you pay a penalty and interest. The chances OP is audited is very low unless she has a high home office deduction and/or is a high earner. |
Then filing as HOH would be tax fraud. Do with that what your moral compass tells you to do. |
Because they are overwhelmed and have bigger fish to fry Because I know some lower earners who do that and they haven’t been audited Not saying OP should do it but it’s possible |
You will pay more next year as well - marriage penalty Btw if you filed HoH and he lived with you - I am afraid you already broke the rules (not sure, maybe if you paid 50% or more in home costs it’s ok?) |
1) they lie that their fiancées don’t live with them 2) you can lie and say your H doesn’t live with you (he would need to put a new address on his taxes though). But your H might have to pay more as a result so you need to compare |
Yep, they might only want to check if 1) her new H lives separately indeed 2) if she is indeed paying at least half of her household expenses |
| This is a stupid discussion. OP is legally required to file as being married. The likelihood of getting audited is immaterial. |