tax filing question

[myangelblue 0]

my question is how would i file tax's this year me and my husband were married oct 30 07 and i have self employmet 1099 forms .they say i cant file hoh that it has to b married but the problem is my husband came sept 07 and we married oct 07 , i have 3 kids and he has made no money due to fact we havent even had money to file paperwork but if i file married i will end up paying in thousands of dollars but if i file hoh i would get money back but says we cant b living together soooo i dont wanna mess up aos stuff but without money i cant even file soooo i made the money for earned income isnt it unfair that because he has no ssn i cant get unearned income back ?? so where do i go now everytime i think im making progress i get shot back down any advice . i am us citizen he is uk thank u soooo much

[zxed 0]

my question is how would i file tax's this year me and my husband were married oct 30 07 and i have self employmet 1099 forms .they say i cant file hoh that it has to b married but the problem is my husband came sept 07 and we married oct 07 , i have 3 kids and he has made no money due to fact we havent even had money to file paperwork but if i file married i will end up paying in thousands of dollars but if i file hoh i would get money back but says we cant b living together soooo i dont wanna mess up aos stuff but without money i cant even file soooo i made the money for earned income isnt it unfair that because he has no ssn i cant get unearned income back ?? so where do i go now everytime i think im making progress i get shot back down any advice . i am us citizen he is uk thank u soooo much

you do qualify for hoh

take the test

http://www.ftb.ca.gov/individuals/hoh/selftest/Index.shtml

[myangelblue 0]

i tried but due to the fact we live together it says i dont

[zxed 0]

i tried but due to the fact we live together it says i dont

sorry i read that question wrong when i was doing a test run.. i thought they asked if you lived MORE than 6 months

another option would be to give them a call.... sometimes, its not as black or white.... another option is.... to just file as HOH and deal with them later....

[maria_n_john 0]

Because you were in fact married on 12/31 and because your husband lived with you after 6/30, you have 2 choices:

1: Married filing joint or

2: Married filing separate.

You do not qualify filing HOH.

I don't see how this hurts you, given your statement that your husband has no income (bear in mind that if you file jointly, he is taxed on his worldwide income).

You qualify for earned income credit only if you file a joint return, not mfs (see IRS pub 17, p 235).

Quite frankly I don't see a problem.

As to your comment about the tax being "fair," I would point out that you and your husband made the decision to marry in October. These rules were in place when you got married. I see nothing inherently unfair with this aspect of the tax law.

That you were uninformed is not society's fault; that you were misinformed may constitute damages to you. I suggest you might want to see an attorney if this the amount is significant (or perhaps you could file a small claims case if not). Who knows, you might even make either the Judge Judy or Judge Roy Brown show.

Good luck.

[myangelblue 0]

the only problem is that i would file married but then will not be able to get earned income credit which makes the reason why id pay so much in. only because he has no ssn and for being unfair im saying that irs told me as long as he has no ssn i wouldnt get eic because they say they wont give money to me for fact i married to someone with no ssn

[maria_n_john 0]

You need to include a form with your return requesting a TIN for your spouse.

[myangelblue 0]

if he has tin will we get eic ? i do thank you for all your info

[maria_n_john 0]

Yes

[myangelblue 0]

ty very much for all your info

[maria_n_john 0]

yw

[terrie/kamal 0]

I"ve already been down this road. If he qualifys for an ssn u can't get an itn. And you can file hoh. I did. We are waiting for his aos to come in and then we can get his ssn and then i can amend my taxes which will get me my eic. i've called the irs on this and sat on the phone for almost 2 hours before i got my answers.

[ViVi and JimJim 0]

I do have a question about tax filing too. Just worried if we can make everything done by April? Cause my hubby should file his tax by April 15th the latest? (not sure the exact date) We got married in Nov 07 and filed AOS in Dec 07, and did the biometrics on Jan 4th and now is just waiting in the progress. I think I missed to apply for SSN when I landed to ROC in Sept 07, so I have to wait until I got GC or EAD for applying the SSN, am I correct?

Without SSN, I haven't got any insurance here yet and my hubby didn't know how to file tax as married?? As we read the news, couple can get extra $1200 tax return and single just get $600!!

[terrie/kamal 0]

I do have a question about tax filing too. Just worried if we can make everything done by April? Cause my hubby should file his tax by April 15th the latest? (not sure the exact date) We got married in Nov 07 and filed AOS in Dec 07, and did the biometrics on Jan 4th and now is just waiting in the progress. I think I missed to apply for SSN when I landed to ROC in Sept 07, so I have to wait until I got GC or EAD for applying the SSN, am I correct?

Without SSN, I haven't got any insurance here yet and my hubby didn't know how to file tax as married?? As we read the news, couple can get extra $1200 tax return and single just get $600!!

your husband can file for an extention on his taxes. And u can't file married filing jointly unless you have a ssn.

[maria_n_john 0]

I do have a question about tax filing too. Just worried if we can make everything done by April? Cause my hubby should file his tax by April 15th the latest? (not sure the exact date) We got married in Nov 07 and filed AOS in Dec 07, and did the biometrics on Jan 4th and now is just waiting in the progress. I think I missed to apply for SSN when I landed to ROC in Sept 07, so I have to wait until I got GC or EAD for applying the SSN, am I correct?

Without SSN, I haven't got any insurance here yet and my hubby didn't know how to file tax as married?? As we read the news, couple can get extra $1200 tax return and single just get $600!!

Attach w7 to your joint return. Both of you sign.