Tax filing confusion!?
My husband & I are filing are taxes as 'married filing separately' this year, though we've always filed jointly in previous years. We are missing a couple of tax forms & we need an extension of time to file our taxes. I've filed for an extension already in my name, & on the extension form it asked my filing status to which I entered 'married filing separately'. The form asked for mine & my husband's names & SSN's. My question is, if we're filing separately, do we need to file separate extensions for each of us even though it asked for info on both of us on the form? Or are we safe only filing the 1 extension? Thanks!
thanks...the reason we are filing separately is because i owe money on a federal student loan that is withheld from my taxes each year. when we file jointly, they take my husband's refund as well. we've been told that if we file separately, they won't penalize my husband by taking his return for my loan.
- card-ronLv 78 years agoFavorite Answer
Yes, if you file as married filing separately you both must file separate extensions.
You can still file a married filing jointly and enjoy the (generally) better tax advantage and protect your husband's portion of the return by also filing Form 8379 for Injured Spouse Allocation: http://www.irs.gov/pub/irs-pdf/f8379.pdf When you file Form 8379 the IRS will determine what portion of your joint refund is allocated to you and what portion is allocated to your husband. Your portion will still be offset to pay your student loans while your husband's portion will be refunded.
- 8 years ago
Yes you should both file an extension. Just remember that married filing separate couples lose A lot of credits.
And if one spouse itemizes deductions the other must also itemize.
I normally do not recommend filing married filing separate.
If one spouse owes back taxes I recommend filing married filing joint with an injured spouse form. This allows you to receive all your credits but they will only hold back taxes from the spouse that owes. The other spouse will still receive all of their portion of return.
- SlickterpLv 78 years ago
Yes, you must file separate extensions.
You shoudl file jointly and do injured spouse. Better that way. Or just let them take the money so your debt gets paid faster.
- buchLv 45 years ago
You can not combine a 2011 W2 with a 2012 tax return. Additionally the closing date to eFile a 2011 tax return has ended and you additionally are not able to use 2012 tax software to arrange a return for 2011 tax earnings.