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    angelz921's Avatar
    angelz921 Posts: 73, Reputation: 3
    Junior Member
    		  
    #1

    Jan 2, 2009, 09:20 AM
    Married finally separately
    My husband and I are filling separately and I am claiming our two children, can I file now and he file later this month or even in February?

    When filling separately do we still have to file an injured spouse form? I'm trying to get all of my ducks in a row before I get my taxes done. Thanks!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 2, 2009, 09:59 AM
    Quote Originally Posted by angelz921 View Post
    My husband and I are filling separately and I am claiming our two children, can I file now and he file later this month or even in February?

    When filling separately do we still have to file an injured spouse form? I'm trying to get all of my ducks in a row before I get my taxes done. Thanks!


    You don't both have to file at the same time. My ex-husband and I sometimes filed separately and the Accountant always had both of us fill out the injured spouse form, although I don't know if it's required.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Jan 2, 2009, 11:14 AM

    If you file separate tax return, you will not get Earned Income Credit.
    Also, on separate tax returns, if the children are Qualifying Child of both of you, you must decide who should claim the children. If you can not decide, then parent with higher AGI can claim the children.
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