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Taxes

Hello,

I've been married for almost 3 years. Me and my husband have been filing taxes together. We filed 2007 and 2008 as a married filing joint, however the end of last year he lost his job, so he has no taxes to file this year, but I do, cause I'm working. I was wondering how am I supposed to file taxes this year? Do I file as married? But it will only have my taxes...Also, I'm renewing my 2 years green card now, to get the 10 years. I know it can take up to one year for immigration to send the card, so for this year taxes, I'll be in the process still, will that be a problem that in january of next year my husband will not be filing taxes with me?
THANK YOU!!!

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Attorney answers (3)

Reputation Level 20
You and he can and should still file joint taxes for this year. Speak to an accountant about the financial difference between filing jointly and separately. Your husband will still have to file, even if you and he file separately.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Reputation Level 20
Besides being a good piece of evidence of having a life together to satisfying the immigration evidence requirements, filing jointly the tax return generally result in a lower overall tax total for most married couples. Persons filing under the status of "married, filing separately" lose many tax deductions and credits.

Incidentally, CA is a community property state. To calculate taxable income, the income of a working spouse may have to be divided and allocated to each spouse.

You can check with your tax professional to see what filing scenario will give you and your husband the most benefits.

Reputation Level 20
I agree with the other professionals that responded. You will probably be best served by filing a joint return, as your tax rate will be lower. There are some circumstances where married filing separately is advisable, but from the facts presented, I do not see that being the case here. You can have your tax preparer run the return both ways and then pick the way that is most beneficial to you.

Disclaimer - This response does not constitute legal, accounting or other professional advice. Only through a personal, confidential consultation with qualified legal counsel can anyone properly evaluate their own unique estate planning challenges and determine what, if any, appropriate legal strategies and tactics should be implemented to meet those challenges.

Circular 230 Disclaimer - “Nothing in this response is intended or written to be used, and cannot be used by any person for the purpose of avoiding tax penalties regarding any transactions or matters addressed herein. You should always seek advice from independent tax advisers regarding the same.”

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