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» From: Bell Territory

Dear TaxMama:

For this year 2002 I was head of household for 8 months. I got married.

Can I file head of household since the majority of the year I was not married?

I want to be able to collect an Earned Income Credit.

Ford

TaxMama Replies
Dear Ford,

If you were married at 12/31, you are married on your tax return.

It's your status at the end of the year that counts.

And if you would not qualify for an Earned Income Credit (EIC) being married, you surely do not want to file for it as Head of Household. That would be fraud.

And these days the penalties for a fraudulent EIC are pretty stiff. In fact, if IRS decides you committed EIC fraud, you won't be able to collect that 'gift' for up to 10 years - even when you do qualify.

And your spouse won't be able to either. There's no EIC for the married, filing separate status.

Best wishes,

Eva Rosenberg
Your TaxMama

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Library of Congress - 
ISSN 1532-0790
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Eva Rosenberg
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