Discussion:Married filing separately and living apart
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| Revision as of 08:14, 8 January 2009 Taxea (Talk | contribs) (This would be th) ← Previous diff |
Revision as of 10:30, 8 January 2009 HAPPY TAX (Talk | contribs) (There's not enou) Next diff → |
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| The real question here is why is MFS being considered? taxea | The real question here is why is MFS being considered? taxea | ||
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| + | {{ForumReplyPost|UserID=HAPPY TAX|Date=8 January 2009|Text=There's not enough information to answer. The easy assumption is that the nursing home stay comes under the heading of a temporary absence and that's the reason the spouses haven't lived together. But that's just an assumption. See the final paragraph in column 1 on page 21 of Pub 544, and the use of the word "may." It could be that the couple has split up permanently in anticipation of divorce and the fact that one of them is in a nursing home is irrelevant to the determination of the filing status. There's also the possibility of MFS but claiming an exemption for the spouse if the spouse meets the conditions on page 9 of the same publication. Simply saying "nursing home for more than a year" is inconclusive.}} | ||
Revision as of 10:30, 8 January 2009
Discussion Forum Index --> Basic Tax Questions --> Married filing separately and living apart
Discussion Forum Index --> Tax Questions --> Married filing separately and living apart
| 8 January 2009 | |
| If a spouse has been living in a nursing home for more than a year, is that considered
living apart for married filing separately? | |
| 8 January 2009 | |
| There is no requirement that the spouses live apart in order to file MFS. | |
| 8 January 2009 | |
| This would be the same as a military spouse stationed away from home...for purposes of attempting to increase EIC or other credits the answer is a resounding NO. Same applies to HH status, it doesn't apply.
The real question here is why is MFS being considered? taxea | |
| 8 January 2009 | |
| There's not enough information to answer. The easy assumption is that the nursing home stay comes under the heading of a temporary absence and that's the reason the spouses haven't lived together. But that's just an assumption. See the final paragraph in column 1 on page 21 of Pub 544, and the use of the word "may." It could be that the couple has split up permanently in anticipation of divorce and the fact that one of them is in a nursing home is irrelevant to the determination of the filing status. There's also the possibility of MFS but claiming an exemption for the spouse if the spouse meets the conditions on page 9 of the same publication. Simply saying "nursing home for more than a year" is inconclusive. | |
