Friday, November 25, 2011

Filed as ';married'; on bad advice; how to fix without incurring big penalty?

I fully supported my girlfriend in 06 and 07; tax guy said I should file as ';married';; I wanted to use ';qualifying relative'; if possible.





She did not work at all those years nor was she claimed on anyone else's taxes. Problem is now I believe it will hurt her FAFSA financial aid eligibility (she wants to go back to school in Fall 09).





Also will I risk being audited for 06 and 07 if we both file in 08 as ';single';?





What should I do; I'm now unemployed, as of early 09, and getting aid for school would be really nice for both of us.





I really can't afford a tax penalty? How should I have handled my 07 and 07 returns (as well as my 08 return do in October)?Filed as ';married'; on bad advice; how to fix without incurring big penalty?
Filing illegally is not an excuse for failing to amend.





1. You amend back to single with a dependent. You lose both the other half of the joing deduction and the doubled tax brackets. Yes, you will owe when you are done.





2. FASFA will make you correct it.





3. Unless you live in one a few common law marriage states in which case, you may find you are now married.Filed as ';married'; on bad advice; how to fix without incurring big penalty?
You maybe able to do a amended return for those years. I don't want to give you any bad advice but talking with a CPA could get you straight. I don't know about this one but seeing how this person talked you into bad advice you may be able to talk to an IRS agent for advice. I hear some don't know what is going on but one time I was in trouble and the agent I talked to didn't burn we and told me what to do. I think you should check with a CPA for help. Some states have free legal advice let's hope the rightperson sees this. Whatever you do is double check everything I see plenty of bad advice people want to help but haven't got the right info you already know that there is so much misinformation going around and they believe whatever they are told. Luck
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