Need advice- File jointly or not???

[434Teresa]

As I said if you buy and use turbo tax it will tell you how you need to file if you and him are going to file together onice you put you info in.. for you,him and the kids if you decide to file all on one return.

Fill out the info on there three times
1) you and two kids
then
2)him and one kid
and the last
3)you, him and all 3 kids

This way you can see what way works best for you..turbo tax knows the rules(updates itself online) and will tell you if you are trying to do something that you dont need to do. Onice you fill out a return for all three ways you chose which return you want to file with the state and delete the others.

[motherofmolly]

op is in iowa: seems they are common law

Iowa: The requirements for a common-law marriage are: (1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife.

BUT remember, this is legally binding. so if you file a joint tax return and state you are married (common law) then guess what, it is legal. you are now married. i would be very careful going this route.

i would go separately if i were you. unless you want to be married.

[motherofmolly]

filing married filing joint (not head of household)
total income $30,000
standard deduction for married 11,400
less deductions for dependants 3650 x 5 = 14,600
total taxes $6000 taxes

last years figures....now unless you get a higher EIC (if you even qualify), this way is not better. you now have more taxable income which means you will pay more...i used the married filing joint figures since that has a higher standard deduction then head of household.....

[Bellasmom]

I use to work in a tax office and you have to be married as of 12-31 to file jointly. If one of you doesn't work then the other one could claim the one that doesn't work and the children. If you claim 2 children and him 1, you will get the largest refund. I have worked with people that came into our office that tried just about everything.

[crecian]

I hate taxes, but I use the free online sites...take a look at one of those and see which way works best for you. Good Luck!

[Clpett]

Unless your state has a common law in act then you will need to file separately. I would not recommend you both file Head Of Household because 2 returns with the same address sends red flags to IRS for possible audit. But if you did not work and he made all the money then letting him file HOH and claim your dependents could be a good way to go, but I recommend talking to whoever usually does your taxes they will steer you right. I have been doing taxes for years and I manage a very busy tax office for a national chain.

[llamalluv]

There is no such filing status as "joint head of the household". The filing statuses are:

Single
Head of Household
Married, filing jointly
Married, filing separately

You are not a qualifying person for your boyfriend to claim HOH. However, the baby (but not your other children) is. You cannot both file HOH. Only ONE of you is the Head of Household. Generally, the HOH is whoever earned the most money because they are providing more than half the financial support. (see here: http://www.irs.gov/pub/irs-pdf/p17.pdf page 23)

Personally, I would prepare two sets of returns to compare the refunds. The first set would be:

You filing HOH and claiming all three children, with the EIC and child tax credits, and your boyfriend filing as single and claiming only himself.

The second set:
You filing HOH and claiming two children, your boyfriend filing single and claiming the baby.

However, if your boyfriend actually earned more money, reverse that and have him file HOH and you as single. But be careful having him claim the two children that aren't his.