I got married on April 26, 2009. My husband only worked until September and lost his job. His boss said he was going to 1099 him. We haven't received anything from him and have heard from another worker that he does not even have the 1099's ready. I am getting ready to lose my job. The company I work for is going out of business, and I have a month at the most left to work. I want to file my taxes so I have something to fall back on if I cannot find employment by the time I lose my job. I am really unclear on the married but filing seperatly option. Can I claim head of household and am I eligible for earned income credit if my income meets the requirements, since I am married, even if we file seperatly? I would really like to know my best option. Thank You in advance

Did you mean to say you got married in 2008?

In most instances, it is best to file a joint return. If I were you, I would wait and file jointly.

You can file joint return or separately. Since your husband's employer did not deduct SS tax and Medicare tax, it means that your husband worked as independent contractor. You must report this income even if employer does not issue 1099-misc. You will report your income and expenses on schedule C or C-EZ (Form 1040). This income is subject to SE tax at 15.3%. Read: Your U.S. Tax Return: Tax Filing by Self Employed Sole Proprietor or Independent Contractor (http://taxipay.blogspot.com/2008/04/tax-filing-by-self-employed-sole.html)

You need to wait until the first week of March at least before you file, because 1099s did not have to be mailed until 15 Feb 09.

Further, many are waiting until the end of February to mail out the 1099s.