Married Filing Separate

[suzanne rogalsky]

Does anyone know the legalities of who can take what deductions when you are married filing separate - like who takes the mortage interest, the child tax credit ...
thanks!!

[terry1156]

Again, not my area of expertise, but I believe that you can choose who takes the credit as long as you both are on the mortgage. If it is just in one of your names, then that person only can take it.

[baselle]

I'm a VITA/EITC volunteer preparing taxes in Seattle. Regarding the EITC & married filing separately, we were taught that you can't claim EITC if you file married filing separately.

If your children live with you for more than half the year, you claim them as dependents, you provide for their support, you paid for over half the costs of keeping up the home, you did not live with your spouse for more than half of tax year (ie spouse was gone by June 30), (whew!)...its possible that you can file head of household.

You probably want to talk to a tax professional about this to firm up this possibility.

[suzanne rogalsky]

Thank you - now I am going to sound really ignorant but what is EITC?
thanks

[baselle]

Not ignorant at all. EITC = Earned Income Tax Credit. Its one of the biggest wealth-shifting programs that the IRS has to help poor and lower-middle income taxpayers.

You could qualify for it if:
If you are married filing jointly, make less than 35,458, and have two or more qualifying children.
If you are single, make less than 34,458, and have two or more qualifying children.
If you are married filing jointly, make less than 31,338, and have one qualifying child.
If you are single, make less than 30,338, and have one qualifying child.
If you are married filing jointly, make less than 12,490, and have no child.
If you are single, make less than 11,490, and have no child.

[suzanne rogalsky]

Thank you so much for responding and for your help!!