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Posted by acereed on December 30, 2008, 11:00 am
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I have been claiming Head of Household since my divorce in 1996, I own
my own home and claim my daughter on my tax return, she lives with me
for more than 1/2 the year. However in August 2008 I remarried. I am
looking at my taxes and I don't know if I can claim Head of Household,
which means I didn't withhold enough. Can you please help me?
========================================= MODERATOR'S COMMENT:
If you are married as of December 31, and lived with your spouse
at any time between July 1 - December 31, 2008, then you have only two
filing status choices: MFJ or MFS. You cannot file HoH.
--
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Posted by Phil Marti on December 30, 2008, 12:14 pm
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>I have been claiming Head of Household since my divorce in 1996, I own
> my own home and claim my daughter on my tax return, she lives with me
> for more than 1/2 the year. However in August 2008 I remarried. I am
> looking at my taxes and I don't know if I can claim Head of Household,
> which means I didn't withhold enough.
You cannot. It's actually "Unmarried" Head of Household, which you no
longer are as of 2008.
You seem to be missing the fact that you and your new spouse qualify to file
Married, Filing Jointly for 2008. That filing status has lower rates than
HofH.
See IRS Publication 501.
--
Phil Marti
Clarksburg, MD
--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>
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Posted by Harlan Lunsford on December 30, 2008, 3:49 pm
Please log in for more thread options Phil Marti wrote:
>
>> I have been claiming Head of Household since my divorce in 1996, I own
>> my own home and claim my daughter on my tax return, she lives with me
>> for more than 1/2 the year. However in August 2008 I remarried. I am
>> looking at my taxes and I don't know if I can claim Head of Household,
>> which means I didn't withhold enough.
>
> You cannot. It's actually "Unmarried" Head of Household, which you no
> longer are as of 2008.
>
I've got to quibble with you there, Phil. Correct nomenclature is "head
of Household", used throughout publication 501. Most HOH are of course
unmarried, but married people who are "considered unmarried" (not who
just consider themselves unmarried since spouse comes and goes and
doesn't stay with her consistently !!) by meeting the last six months'
text can file that way also.
Happy New Tax Season!
and ChEAr$,
Harlan
--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>
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Posted by Dick Adams on December 30, 2008, 4:34 pm
Please log in for more thread options > Phil Marti wrote:
>>> I have been claiming Head of Household since my divorce in 1996, I own
>>> my own home and claim my daughter on my tax return, she lives with me
>>> for more than 1/2 the year. However in August 2008 I remarried. I am
>>> looking at my taxes and I don't know if I can claim Head of Household,
>>> which means I didn't withhold enough.
>> You cannot. It's actually "Unmarried" Head of Household, which you no
>> longer are as of 2008.
> I've got to quibble with you there, Phil. Correct nomenclature is "head
> of Household", used throughout publication 501. Most HOH are of course
> unmarried, but married people who are "considered unmarried" (not who
> just consider themselves unmarried since spouse comes and goes and
> doesn't stay with her consistently !!) by meeting the last six months'
> text can file that way also.
The OP remarried in August! Ergo, the above quibbling is unnecessary.
Now if the OP remarried in January and were to toss spouse out for the
last 183 days of ech year, you'd have a point. <g>
Dick
--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>
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Posted by Harlan Lunsford on December 30, 2008, 10:04 pm
Please log in for more thread options Dick Adams wrote:
>> Phil Marti wrote:
>>> You cannot. It's actually "Unmarried" Head of Household, which you no
>>> longer are as of 2008.
>
>> I've got to quibble with you there, Phil. Correct nomenclature is "head
>> of Household", used throughout publication 501. Most HOH are of course
>> unmarried, but married people who are "considered unmarried" (not who
>> just consider themselves unmarried since spouse comes and goes and
>> doesn't stay with her consistently !!) by meeting the last six months'
>> text can file that way also.
>
> The OP remarried in August! Ergo, the above quibbling is unnecessary.
> Now if the OP remarried in January and were to toss spouse out for the
> last 183 days of ech year, you'd have a point. <g>
the only quibble is had was the language of the gospel according to
Publication 501.
C$,
H
--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>
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