[kdecker1114]

I was wondering when is the earliest I can file for my taxes?
Also, I'm married, but I want to file single. Can I do that? My husband has a defult student loan, will they take my taxes to pay for it? He doesn't have to file this year. And one more question... I'm 22, can I file for EIC? If anyone can help, I'd be thankful! My email is [email protected].

Kelly:)

[donf]

Kelly,

I believe the earliest you can file is mid December. No, if you are legally married you cannot file as single. That's because you are not single. Yes, you can file as Married filing separately, providing that your husband cannot claim you on his taxes.

As to his defaulted student loan, you may be able to file as an "Injured Spouse" and avoid his penalty on the student loan. Next, grab him by the hair of his head and bang it against the wall a few times. Once you have his attention tell him to make repayment arrangements as soon as possible and get the loans paid off. He benefited from taking the money, he can repay it.

One other comment, I'm curious as why he doesn't think he has to file? Even if he has no tax penalty, he should have to file, otherwise both Fed and State (if applicable) will eventually file for him using standard deductions and send him the bill. In short he has to file particularly if he owes money.

I would ask that you verify the above by calling the IRS Helpline with respect to what your filing status should be. They will tell you the truth. If worried, you can see if H&R Block will answer your questions. Its been five years since I worked for H&R Block.

[AtlantaTaxExpert]

Actually, the earliest you can legally file is 1 January 2008. However, if you mail it in mid-December, I doubt that the IRS will reject it

Filing Married Filing Separately is an option, but the better choice is to file the Injured Spouse form to keep your refund.