I just received this in an IRS Tax Tips e-mail this morning and thought of you. Maybe you can pass this information along to your daughter.
Issue Number: IRS Tax Tip 2011-09
Inside This Issue
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Eight Facts About Filing Status
The first step to filing your federal income tax return is to determine which filing status to use. Your filing status is used to determine your filing requirements, standard deduction, eligibility for certain credits and deductions, and your correct tax. There are five filing statuses: Single, Married Filing Jointly, Married Filing Separately, Head of Household and Qualifying Widow(er) with Dependent Child.
Here are eight facts about the five filing status options the IRS wants you to know so that you can choose the best option for your situation.
Your marital status on the last day of the year determines your marital status for the entire year.
If more than one filing status applies to you, choose the one that gives you the lowest tax obligation.
Single filing status generally applies to anyone who is unmarried, divorced or legally separated according to state law.
A married couple may file a joint return together. The couple’s filing status would be Married Filing Jointly.
If your spouse died during the year and you did not remarry during 2010, usually you may still file a joint return with that spouse for the year of death.
A married couple may elect to file their returns separately. Each person’s filing status would generally be Married Filing Separately.
Head of Household generally applies to taxpayers who are unmarried. You must also have paid more than half the cost of maintaining a home for you and a qualifying person to qualify for this filing status.
You may be able to choose Qualifying Widow(er) with Dependent Child as your filing status if your spouse died during 2008 or 2009, you have a dependent child and you meet certain other conditions.
There’s much more information about determining your filing status in IRS Publication 501, Exemptions, Standard Deduction, and Filing Information. Publication 501 is available at http://www.irs.gov or by calling 800-TAX-FORM (800-829-3676). You can also use the Interactive Tax Assistant on the IRS website to determine your filing status. The ITA tool is a tax law resource on the IRS website that takes you through a series of questions and provides you with responses to tax law questions.
Publication 501, Exemptions, Standard Deduction, and Filing Information (PDF 196K)
The filing status on an income tax return is determined by the legal status on the last day of the year. If your daughter was married to him on the last day of the year, then both of them must file either Married Filing Jointly or Married Filing Separately on the income tax return for that year. Hopefully, he is only talking about his income tax withholding from his payroll checks, because there is an option for married but withholding at a higher single rate on the Form W-4 and is perfectly legal. If he is planning to file an income tax return as a single person, I would recommend that your daughter file a tax return as Married Filing Separately. She should NOT file as a single person or as unmarried head of household, or she will be perjuring herself. Serious business. If your daughter files Married Filing Separately, then she should read IRS Publication 555, Community Property, to determine how to allocate income and deductions if she lives in a community property state, such as Texas. She should also seek legal advice. (No, I am not an attorney.)