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My ex husband used my ssn on his taxes and now I owe state taxes.

Willowbrook, IL |

I am legally separated and the divorce will be legal on April 3rd. We were married on 18June2011. And lived together till 10Jan2012. He filed his taxes married but separated and used my ssn on his taxes and now I owe state taxes and do not qualify for education tuition credit. I paid out of pocket for my tuition before we were married or living together. Is there anything I can do so I can claim this tax credit?

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Attorney answers 3

Posted

Please clarify the facts. I am assuming that your husband filed his tax return using his social security number but indicated on his tax return that he was married to you and put your SSN as your number, not his, right? And, because you are only able to file Married Filing Separately, you are unable to claim the credit?

If my presumption is correct, you could persuade your husband to file jointly and, thereby, allowing you to claim your credit (presumably).

I am not an IL tax expert. So, I am not sure if you can get the credit if you are filing separately from your husband.

Please clarify or consult a local tax professional. This time of year, some newpapers and CPA societies run telephone clinics where you can call in and ask your question with a tax professional for free.

Marty Davidoff, emd@taxattorneycpa.com, 732-274-1600. This answer is provided for general information only. You should seek advice from an attorney or tax professional.

Asker

Posted

My apologies about being unclear. Yes my soon to be ex husband filed his taxes using his ssn and indicated that he was married to me and added my number to his form. I went to H&R Block and tried to file my taxes and when they went to submit the form I was unable to file. That is when I found out he had filed his taxes as married/separated already and put me and my social on his taxes. He is active duty military and I am an active reservist and we have different residence states. I have tried to ask him to change his filing and he informed me he already received his tax return and does not want to amend his taxes. I am mainly wondering if there is any other way I could file because for the majority of the year I lived on my own, worked and paid my student loans and tuition on my own. And it just doesn't seem fair to me that my ex benefits while I end up owing.

E. Martin Davidoff

E. Martin Davidoff

Posted

Unfortunately, if you are married as of December 31, you are married for the full year for federal income tax rules. However, state rules may be different. You should check with a local CPA or tax attorney. Good luck.

Posted

I agree with the previous attorney in that it is not clear what happened. If he filed jointly, you can just file seperately. If somebody files seperately, they are explicitly NOT filing with their spouse.

Christopher Larson
www.bellevue-tax-attorneys.com
www.insightlawfirm.wordpress.com

Posted

he is not your ex husband. he is your husband. so, you either file taxes as married joint or married separate. he chose the latter. there is nothing wrong with that. now you and your lawyer negotiate with him to amend to married joint but only if that is a net tax savings for both of you. if married separate is the way that pays the fewest dollars in taxes, file that way and ask him to contribute to your taxes.

this tax issue is something that you and your lawyers should have addressed in settling the case. you did not. now there is an open issue in your case.

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