Should we file together or separate?

Rmenker
Rmenker Member Posts: 1 Newcomer
edited October 10 in Filing my taxes

My husband and I married at the end of 2022. We are planning on filing together but for last few years he has claimed his two nephews. His ex sister in-law filed last year's taxes before we could file together and he got audited. She didn't file it correct and wouldn't allow us to amend it, instead of receiving the EIC and status as head of household. They changed it to single and no dependents. They now say he owes IRS along with penalty fees. Should we file together? Separate? Involve lawyer? Report them? they have also gotten out a loan in his name and defaulted on it. It's been a nightmare trying to fix it since she won't give us username and password to platform she used to file his taxes.

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Answers

  • MatthewD
    MatthewD FreeTaxUSA Team Posts: 340

    Hi Rmenker,

    Thank you for the question. I am sorry for the situation you are in. You can still file a Married Joint Return, which allows more credits than Married Separate. Then you file an Injured Spouse Allocation Form 8379, which allows you to allocate your refund to you and his to him.

    I would not recommend Married Separate unless you really need to do that.

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