Need advice- File jointly or not???

[mommy22boys]

Here's my situation- My boyfriend and I have been living together several years; however, we are not married. I have 2 children from a previous marriage. We now (just since December) have one child together. He has no other children besides the one with me. In the past we have filed separately... last year I was told that we could file our 2010 taxes together as joint head of the household if we wanted to. So we were planning on doing that. BUT now I'm wondering if we would come out better if I file with me and my original 2 children and he files separately and claims our new baby. I have no idea how the child tax credits and such work so I just need advise on how to get the most back.

A little more info:
We bring home the same amount- about $15,000 a year (each.)
I claim 2 dependents on my W-4 or whatever it's called
He claims nothing, so he gets the most possible taken out of each check

Thanks so much to anyone who can help!!!

[terrortoys]

I would have whoever does your taxes figure it out.

[bestcouponer]

I will continue to file separate and claim my 2 and let him file and claim the new baby I figure that you will get more that way!

[434Teresa]

I think you would come out better to file separate..I would buy the basic copy of turbo tax from walmart about $20 or so.. it will lead you step by step(very easy) this way you can see what you would get all three ways before you click the send button to send your taxes into the state...plus its a lot cheaper than having a tax place do them for you...if you chose to file separate you can send the first one in for free than the second one would be a small fee of like $8.99 I think not sure on the fee but its alot less then the tax place is..you can either print and mail them in,or send them in online. You can have the money in your bank account in like 7 to 14 days by doing it online. Turbo tax is very simple to use you just put in your w-2 info,depends and it dose the rest for you..it even dose your earn income credit...........................if you file long form you can also do that but I am thinking that you dont file long form..

[motherofmolly]

first of all, who told you you could file a return together this year? unless you are married, you can not file a return together. (not unless they have changed this in the last year and i am not aware of it)...

now, as far as filing separately, one of you would have to meet the head of household requirement to use that standard deduction amount Head of Household Filing Status - Claiming the Head of Household Filing Status on Your Tax Return

now $15,000 a year (2010 amounts)
less 5700 (single standard deduction)
less 3650 per deduction (one for you and two for your children)
****10,850 in deductions for you
ending taxable = 0

for him
15,000
less 5700
less 2 deductions (him and child) 7200
taxable: (15,000-12,900) 2100

now of course you would more than likely qualify for earned income credit (both would qualify if both claim a dependent)

for you to be head of household, it isnt going to affect it unless the EIC needs that....for him, it would probably take him down to -0- for taxable income.

this will give you a start to think of what you want to do. these calculations are based on nothing else added in. i have done a return with eic in sometime, so you would need to look at that.

[gctattoo]

I agree with the pp-- I've never heard of anyone being allowed to file together unless you're married.

[434Teresa]

They one of them can file head of household and claim the other as a dependent along with the three kids..I am thinking thats how she was meaning they could file together. Not as in joint return as if they were married..

[jonjaktez]

Actually, if you are living together and portray yourself as married, ie you introduce your bf as your husband or you say he's your husband when talking to others (and not married to anyone else) then you are suppose to file a married return. It's called common law marriage.

How you should file, I don't know.

[katieyj]

I don't believe common law marriage is valid in all states, I live in Fl and I know this isn't a common law state. Also, I believe you have to live together for 7 years before common law marriage would take affect. At least to the best of my knowledge.

Also, as pp have stated, you can't claim head of household as a couple, either one or the other, and that's if there is no way you can file a joint return. Again, to the best of my knowledge.

The only time I could claim Head of Household was AFTER my divorce (even though we were separated for 5 yrs) and when at least one of my children were totally dependent on me. At least that is what I was told by the "experts".

I'd be real careful and get some professional advise before I filed my taxes if I were you.

[motherofmolly]

I don't believe common law marriage is valid in all states, I live in Fl and I know this isn't a common law state. Also, I believe you have to live together for 7 years before common law marriage would take affect. At least to the best of my knowledge.

Also, as pp have stated, you can't claim head of household as a couple, either one or the other, and that's if there is no way you can file a joint return. Again, to the best of my knowledge.

The only time I could claim Head of Household was AFTER my divorce (even though we were separated for 5 yrs) and when at least one of my children were totally dependent on me. At least that is what I was told by the "experts".

I'd be real careful and get some professional advise before I filed my taxes if I were you.

you are correct not all states are common law.

yes, if one person was not working and could not file a return themselves, and the other person qualified as head of household (under irs rules) then the HOH could claim the other person as a dependent....and file one return..