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Picture of miriahw
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Me and my DH got engaged a in August and set a wedding date. He is in the reserves. THen, he was called and activated to another Unit (not his) and was gone within a month. He was going to miss the wedding so we married before he left. We married mid-October.

I am lost on filing taxes. I filed last year- but it was simple.
My parents told me that since I was home all year until then and am currently moved back in for the duration of the deployment that they are claiming me as a dependant. His parents said they are claiming him as well.
How am I supposed to file my taxes? If they claim us... we cannot file as a seperate married couple with me as his dependant.

What way is the best to file in this scenerio? Married, but file seperately? Also.. he is gone, so does he file? I was curious because I can't imagine the single men filing their taxes from Iraq.. so is he expected to file? (Me for him?)

I would appreciate any help I can get. My workplace is making me fill out my W2s again and I can't until I know what I'm supposed to do..

Thank you!
 
Posts: 380 | Registered: Fri 04 May 2007Reply With QuoteEdit or Delete Message
30 Day Warning
02SEPT2008
Silent_Surface
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Me and my DH got engaged a in August and set a wedding date. He is in the reserves. THen, he was called and activated to another Unit (not his) and was gone within a month. He was going to miss the wedding so we married before he left. We married mid-October.

*****You have two options, when it comes to filing your returns. You may file as "Married Filing Jointly" or Married Filing Separately". This would apply even if you had been married on the last day of the year because, if that were the case, you are considered to have been married for the entire year.

It's possible, if they qualify, that each of your parents may be entitled to claim your exemption/s. If that is the case, you may file your return/s (either way MFJ?MFS) without claiming a personal exemption for yourself/ves.

You cannot claim any dependents if you, or your spouse if filing jointly, could be claimed as a dependent by another taxpayer.


You cannot claim a married person who files a joint return as a dependent unless that joint return is only a claim for refund and there would be no tax liability for either spouse on separate returns. (This would apply to your parents)


You cannot claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico, for some part of the year. 1


You cannot claim a person as a dependent unless that person is your qualifying child or qualifying relative.
**********************

I am lost on filing taxes. I filed last year- but it was simple.
My parents told me that since I was home all year until then and am currently moved back in for the duration of the deployment that they are claiming me as a dependant. His parents said they are claiming him as well.
How am I supposed to file my taxes? If they claim us... we cannot file as a seperate married couple with me as his dependant.

****Whether or not your parents may claim your exemptions depends on many factors. These include, among other things, your age, income, student status. Without knowledge of ALL of the factors, I cannot give you a reliable response. If your parents have their returns prepared by professionals, I would be inclined to rely on the advice your parents get. You'll find helpful information, regarding exemptions, at the following URL. If you don't understand something, get back to me and I'll try to help. http://www.irs.gov/publications/p501/ar02.html#d0e1077


*****************************

What way is the best to file in this scenerio? Married, but file seperately? Also.. he is gone, so does he file? I was curious because I can't imagine the single men filing their taxes from Iraq.. so is he expected to file? (Me for him?)

*****There are special provisions for those who are serving in Iraq (and other zones) which could apply. These could include earned income credits, based on non-taxable war zone pay.

I would appreciate any help I can get. My workplace is making me fill out my W2s again and I can't until I know what I'm supposed to do..

***********************

****In any case, for the time being, when completing your W-4 (W-2's are issued by your employer for wages paid to you), I'd recommend that you check the "Married" box and just enter 0 in Box 5.


"Jack"-Smile

This information is based on general principles of tax law. The foregoing is intended for educational purposes only and does not constitute legal or professional advice. If you have a tax problem, consult an authorized tax professional in your state.
 
Posts: 113 | Registered: Tue 20 November 2007Reply With QuoteEdit or Delete Message
We have met the enemy and he is us. Pogo
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Servicemen and women have unique tax situations. You should read IRS Publication 3 Armed Forces' Tax Guide. The link is to the 2006 edition since 2007 isn't published yet, but it is a start.

You may also want to talk with a tax professional about your tax situation.
 
Posts: 9437 | Registered: Fri 12 October 2001Reply With QuoteEdit or Delete Message
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quote:
Originally posted by miriahw:
Me and my DH got engaged a in August and set a wedding date. He is in the reserves. THen, he was called and activated to another Unit (not his) and was gone within a month. He was going to miss the wedding so we married before he left. We married mid-October.

Congratulations!

I am lost on filing taxes. I filed last year- but it was simple.
My parents told me that since I was home all year until then and am currently moved back in for the duration of the deployment that they are claiming me as a dependant. His parents said they are claiming him as well.
How am I supposed to file my taxes? If they claim us... we cannot file as a seperate married couple with me as his dependant.

Whether you can be claimed by your parents or not depends on the "support test". Did you (and your husband) provide most of your financial support during 2007, or did your parents? If you didn't have a "real" job during the year, then odds are your parents will be able to claim you. Your husband will have to go through the same test with his parents to determine his status. Support includes things such as housing, utilities, food, clothing, education, recreation, travel, etc.

You will file a married tax return. Based on what you've posted, the correct filing status for you would be married filing jointly. You will not be a dependent on his tax return. You will be either the taxpayer or the spouse, but neither of these is a dependent status to the IRS. According to the IRS, you are equal. If it winds up that your parents should claim you as a dependent on their tax return, you will not file a personal exemption for yourself on your return. If your in-laws claim should claim your husband on their tax return, you won't file a personal exemption for him. The personal exemption is essentially worth $3400 that you don't have to pay taxes on, same a dependent exemption.


What way is the best to file in this scenerio? Married, but file seperately? Also.. he is gone, so does he file? I was curious because I can't imagine the single men filing their taxes from Iraq.. so is he expected to file? (Me for him?)

Married filing jointly is the correct filing status for you. Your physical separation is not the same as what the IRS means by separated. They mean more along the lines of a legal separation. Yours is instead a temporary situation caused by his military service. You have several options as to when to file. You can file at the regular time and use either a power of attorney or indicate in his signature block that he's on a military deployment. This is included in the instructions about signing your return. You can also wait until he gets back. Servicemembers a combat zone receive huge extensions to file their taxes. Basically the length of his extension is the amount of time during the tax season that he was deployed plus six months. Just make sure that the two of you know and agree to what you're doing before you decide one way or the other.

I would appreciate any help I can get. My workplace is making me fill out my W2s again and I can't until I know what I'm supposed to do..

Your W-4s are to determine how much of your paycheck to withhold during 2008. I'm not sure how long your husband is deployed for, so I'm not sure what your situation will be for next year. It's entirely possible that even if you live with your parents for all of 2008, you might not be their dependent. It just depends on how things work out. Make sure that you talk to your parents about it again this time next year before either they or you file your taxes.

Thank you!
 
Posts: 869 | Registered: Thu 11 October 2007Reply With QuoteEdit or Delete Message
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