Thursday, January 21, 2010

I am married, sole income, Filed taxes HOH. Can my husband get refund in his account only?

I am sole income. My husband does not work. We have 2 kids. He claimed refund to be deposited to his account ONLY! What is MY claim on these funds? Can he keep this money that ';I'; earned? in addition, the extra refund, $1800, I found out will be put into this account as well. How can I get my share?I am married, sole income, Filed taxes HOH. Can my husband get refund in his account only?
Talk to your husband. The only other comment that I will make is, if you are married, you cannot legally file as H O H. You can only file as ';Married, Filing Separately';, or as Married, Filing Jointly';.


Why would you have filed as HOH and allowed your husband to enter his bank account on your return?I am married, sole income, Filed taxes HOH. Can my husband get refund in his account only?
First of all, if you are married, you filed an illegal return if you filed as head of household - that isn't available to people who are married and living together.





Second, if he doesn't work, how did he file and get a refund?





If you really filed a joint return rather than head of household, and had direct deposit of the refund, then the stimulus money will go into the same account as the refund. Sorry. Next year maybe you shouldn't sign the return with direct deposit into an account that is solely his and not yours also.





It sounds like you have bigger problems than where the stimulus money goes.
How long have you and your husband been separated? If you lived together at any time after July 1, 2007, you can NOT file as HoH. Your only choices are Married Filing Jointly or Married Filing Separately.





If you file separate returns then any rebate checks will be sent to you each individually. Any dependency rebates will be paid to the person who listed the child(ren) on their tax returns. Neither of you has any claim to any refund or rebate paid to the other.





If you filed a joint return, one rebate check will be cut in both names. It's up to you to decide how to split it.
That's something for the two of you to work out. When you file a ';joint'; return, that's exactly what you've done. It's no longer ';your'; money or ';his'; money.';





You say that ';he claimed refund to be deposited in his account only'; -- but, you signed-off on it.





The only way that you can get your share -- besides working it out with your husband (which, I'm surprised that you don't realize that) -- is to have filed separately.





This one isn't rocket science.
I'm a little confused by your question. You're married and your taxes were filed HOH by someone other than you? IRS doesn't care who makes the money when you're married. HOH filing is not legal unless you've been living apart for the last 6 months of the tax year and supporting the kids, then the other spouse would file married separate. If you're living together your options are married joint or married separate regardless of who made the income. I'd be a little more worried about the tax return being filed wrong.

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