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Wrong filing status

Pa75paw19

I filed single but im married and been separated for 4 years. Do I need to change this?

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pandaexpressfan_1

This article from the IRS about Filing Taxes after divorce or separation says:

"If you're separated but not legally separated or divorced at the end of the year, The IRS considers you married for filing purposes until you get a final decree of divorce or separate maintenance."

MatthewD

https://community.freetaxusa.com/discussion/2519/wrong-filing-status

Hi Papaw1975,

There is an exception where you are "considered unmarried" and may file as Head of Household. See publication 504, Considered Unmarried for Head of Household.

Considered unmarried.

You are considered unmarried on the last day of the tax year if you meet all of the following tests.

You file a separate return. A separate return includes a return claiming married filing separately, single, or head of household filing status.
You paid more than half the cost of keeping up your home for the tax year.
Your spouse didn’t live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if your spouse is temporarily absent due to special circumstances. See Temporary absences, later.
Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Qualifying person, later, for rules applying to a child's birth, death, or temporary absence during the year.)
You must be able to claim the child as a dependent. However, you meet this test if you can’t claim the child as a dependent only because the noncustodial parent can claim the child. The general rules for claiming a dependent are shown in Table 3.

Pa75paw19

https://community.freetaxusa.com/discussion/comment/5441#Comment_5441

What do I do to fix thus?

MatthewD

Hi Pawpaw1975,

If you have a legal separation, you may file as Single and don't need to do anything. However, if you are not, at this point, you may file an amendment and file as Married Filing Separately.

Pa75paw19

https://community.freetaxusa.com/discussion/comment/5587#Comment_5587

Thank you, been very helpful!