Don’t come to DCUM for legal advice.

Anonymous wrote:

Anonymous wrote:You cannot file as single HOH if you are legally married. This applies to all couples, including same-sex.

How would they know I am married? I did not change my name or address.

TT asks that question. But maybe you can file by other means

Anonymous wrote:Is this possible? I am reading that it is not possible. I would get a lot back if I did because I would be single, head of household and have children BUT it seems wrong. Please advise. Thanks!

You're asking if you can lie to the government about your marital status, in order to gain money you would not otherwise get, on a document you will sign under the penalties of perjury. Oh also, you've written into the internet asking questions about it, demonstrating your intent. Congrats, if you go down this road, you will have created an open and shut case of tax fraud!

Anonymous wrote:You cannot file as single HOH if you are legally married. This applies to all couples, including same-sex.

Not true. If you live apart for most of the year and your kids mostly live with you, you are fine. It was our situation before our divorce was finalized and TT has an option for it.

OP, if you and H put different addresses on your tax declarations, then yes you can continue. Answer the TT questions like this: are you married? Yes. Does he live with you? No. Do your kids live with you? Yes. It’s not exactly honorable but the chances they will find out are pretty slim. It might look strange if you always put not married and then you are suddenly married but not living together, but I think they don’t really care.
I have a hunch a lot of poor folks do that

Do you live with your husband? Are your children his?

You CAN file HOH if you are legally married, but there are pretty specific rules:

Who can be “considered unmarried” for Head of Household?
Married taxpayers may be “considered unmarried” and file as Head of Household if they:
• File a return for the tax year separate from their spouse.
• Paid more than half the cost of keeping up their home. See the Worksheet for Cost of Keeping Up a Home in the Volunteer Resource Guide.
• Lived apart from their spouse during the entire last six months of the tax year. The spouse is considered to have lived in the home even if temporarily absent due to special circumstances, such as military service or education.
• Provided the main home for more than half the year of a dependent child, stepchild, or foster child placed by an authorized agency. This test is also met if the taxpayer cannot claim the exemption only because the noncustodial parent can claim the child using the rules described in Publication 17.

Anonymous wrote:

Anonymous wrote:https://turbotax.intuit.com/tax-tips/marriage/getting-married/L0DvEUlEC

"If you do face a marriage penalty, don't try to get around it by continuing to file as a single person. If you're legally married as of December 31 of the tax year, the IRS considers you to be married for the full year. Usually, your only options are to file as either married filing jointly or married filing separately."

Hmm it says usually though

There are exceptions such as if you are legally separated or you become widowed. Those do not seem to apply to you, OP.

Anonymous wrote:

Anonymous wrote:You're asking this after 5 pm on tax day?

It’s called an extension. So, I have months.

Not for what you might owe, dope.

Anonymous wrote:https://turbotax.intuit.com/tax-tips/marriage/getting-married/L0DvEUlEC

"If you do face a marriage penalty, don't try to get around it by continuing to file as a single person. If you're legally married as of December 31 of the tax year, the IRS considers you to be married for the full year. Usually, your only options are to file as either married filing jointly or married filing separately."

Hmm it says usually though

https://turbotax.intuit.com/tax-tips/marriage/getting-married/L0DvEUlEC

"If you do face a marriage penalty, don't try to get around it by continuing to file as a single person. If you're legally married as of December 31 of the tax year, the IRS considers you to be married for the full year. Usually, your only options are to file as either married filing jointly or married filing separately."

Nope marriage penalty.

Anonymous wrote:You cannot file as single HOH if you are legally married. This applies to all couples, including same-sex.

How would they know I am married? I did not change my name or address.

You cannot file as single HOH if you are legally married. This applies to all couples, including same-sex.

Anonymous wrote:You're asking this after 5 pm on tax day?

It’s called an extension. So, I have months.

You're asking this after 5 pm on tax day?

Is this possible? I am reading that it is not possible. I would get a lot back if I did because I would be single, head of household and have children BUT it seems wrong. Please advise. Thanks!