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meganmcg · Jan 4, 2012, 01:19 PM

I didn't have a job all of last year and received unemployment benefits. Technically, you're suppose to report unemployment benefits, but then I also read that if a person's income is less than $9500, they don't have to file. Can my husband then claim "spouse exempt" when filing jointly?

joypulv · Jan 4, 2012, 01:33 PM

If you are filing a joint return (which you probably should) then you combine income and don't have to report if the total (incl your unempl) is under 19,000. There is no such thing as 'spouse exempt.'

If you want to see what your taxes will be filing separately, try it both ways. Only rarely is it to your advantage.

meganmcg · Jan 4, 2012, 01:48 PM

I don't think I was clear... we're definitely filing jointly. That's not the issue. It's really more of a "is this legal?" question. I received $8000 in unemployment last year and I've worked the scenarios all kinds of ways. There IS a section (with TaxACT) where it asks if the spouse (me) is required to file (if not, they're "exempt"). TECHNICALLY, because my total (unemployment) income is less than $9500, I'm not required to file, right? I'm asking because the refund is substantially higher with that scenario. :)

JudyKayTee · Jan 4, 2012, 01:56 PM

I'm reading that the first $2,400 in Unemployment is exempt from Federal Tax. Where are you reading that income under $9,500 waives the filing of a tax return?

You may very well be right. I just can't find what you are referencing. Can you post the site?

I am reading that the minimum level for filing a tax return is (http://www.efile.com/tax/do-i-need-t...-tax-return/):
Married Filing Jointly Under 65 (both spouses) $19,000
65 or older (one spouse) $20,150
65 or older (both spouses) $21,300

joypulv · Jan 4, 2012, 02:13 PM

Filing singly is exempt under 9500.
You can't have the benefit of filing jointly and also be exempt.

meganmcg · Jan 4, 2012, 02:24 PM

Our combined joint income does exceed the minimum $19K to file, so of course, we are. But my justification is, MY "single" income is less than $9500 so therefore, I don't HAVE to file. And if I don't HAVE to file, then technically, I can be considered exempt. MY total income isn't tax liable. At least, that's what makes sense to me.

Here's the website for the tax brackets: http://www.efile.com/tax/do-i-need-to-file-a-tax-return/. Sounds like a reasonable justification to me. :)

joypulv · Jan 4, 2012, 02:43 PM

But you aren't even single. You can file as Married Filing Separately, which probably won't be an advantage.
You just aren't getting that you can have whatever benefits you get from being single and then have the benefits of being married.

joypulv · Jan 4, 2012, 02:44 PM

Cant' have

meganmcg · Jan 4, 2012, 04:44 PM

Yes, Joypulv, I get what you're saying. It's just not what I wanted to hear. Lol Thank you, though, for responding! :)

JudyKayTee · Jan 4, 2012, 05:18 PM

Originally Posted by meganmcg

Our combined joint income does exceed the minimum $19K to file, so of course, we are. But my justification is, MY "single" income is less than $9500 so therefore, I don't HAVE to file. And if I don't HAVE to file, then technically, I can be considered exempt. MY total income isn't tax liable. At least, that's what makes sense to me.

Here's the website for the tax brackets: Do I Need to File a Tax Return? Minimum Filing Requirements for Federal Income Tax Returns. Sounds like a reasonable justification to me. :)

You and I posted the SAME site with different interpretations.

Your use of the word "technically" is what is throwing you off. There is no "technically." If you meet the criteria you don't need to file.

You don't meet the criteria.

I always enjoy a good legal argument, and I think you've made one but your reasoning is flawed.

Anyway - good argument, good way to express your argument.

MukatA · Jan 4, 2012, 08:12 PM

Only the custodial parent can claim the child. Your U.S. Tax Return: Child of separated or divorced parents

JudyKayTee · Jan 5, 2012, 08:38 AM

Originally Posted by MukatA

Only the custodial parent can claim the child. Your U.S. Tax Return: Child of separated or divorced parents

Am I missing something here? Was something removed? Looks like she's asking about Unemployment, not exemptions.

smoothy · Jan 5, 2012, 08:44 AM

Originally Posted by JudyKayTee

Am I missing something here? Was something removed? Looks like she's asking about Unemployment, not exemptions.

I think someone moved it inadvertently because that was tagged onto a question about who gets to claim a child on their taxes... parents divorced... I know because I saw it last night.