Legal Question in Tax Law in Florida

Tax filing for separated!

If a person is separated and not divorced, what is the consequences of them filing as a single person and not separated on their taxes? Can that individual get into trouble with the IRS?

Asked on 9/02/08, 3:33 pm

2 Answers from Attorneys

John DeLancett Law Offices of John DeLancett, PL.

Re: Tax filing for separated!

You can file married filing seperately, but that is a higher tax bracket than married filing jointly or an unmarried person filing single. Yes you can get into "trouble" doing what you propose. You could subject yourself to penalties and it could be deemed a false return under Title 26 USC 7206 of the federal criminal tax laws. Further, if you are married on December 31, you are deemed to be married for the whole year. Conversely, if you are divorced on that date you are deemed unmarried for the whole year.

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Answered on 9/02/08, 3:49 pm
Robert Roemer Robert Brian Roemer LLC

Re: Tax filing for separated!

Yes you can get in trouble filing "single" before a Judgment of Divorce is final. Your choices are married filing separate or filing jointly with your soon to be ex-spouse.

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Answered on 9/02/08, 4:51 pm

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