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Tax Brake with Robert G. Nath, Esq.


"Are You Married?"

-
Week of 2/05/01 -
The question is not as impertinent - nor as simple - as you would think, at least in the World of Taxes. Your filing status depends on it, of course, and if you are separated, many people think they have little choice but to hold their noses and file jointly, or as head of household.

But the tax laws “deem” you to be unmarried, therefore single for tax purposes, if you meet certain requirements. These are as follows:

  1. You are legally married.
  2. You file a separate return from your spouse.
  3. You maintain a household.
  4. You have a dependent child.
  5. The household hold is the principal place of abode for the child for more than one-half of the taxable year.
  6. You furnish over one-half of the cost of maintaining the household during the tax year.
    AND
  7. During the last six months of the tax year, your spouse is not a member of the household.

If you fulfill all of these requirements, you are deemed to be “unmarried” for purposes of the tax laws.


Tax Brake with Robert G. Nath

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