The filing status you can choose depends partly on your marital status on the last day of your tax year. If you are unmarried, your filing status is single or, if you meet certain requirements, head of household or qualifying widow(er).
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To be considered an injured spouse, you must: If the injured spouse's permanent home is in a community property state, then the injured spouse must only meet (2). You should receive your refund within 14 weeks from the date the paper return is filed or within 11 weeks from the date the return is filed electronically.
If you filed your joint return and your joint refund was offset, file Form 8379 by itself.
If both you and your spouse have income, you should usually figure your tax on both a joint return and separate returns (using the filing status of married filing separately) to see which gives the two of you the lower combined tax. To file a joint return, at least one of you must be a U. citizen or resident alien at the end of the tax year. In some cases, a spouse may be relieved of the tax, interest, and penalties on a joint return. You must file Form 8857 to request relief under any of these categories. 971 explains these kinds of relief and who may qualify for them. This includes your spouse's federal tax, state income tax, child or spousal support payments, or a federal nontax debt, such as a student loan.
If either of you was a nonresident alien at any time during the tax year, you can file a joint return only if you agree to treat the nonresident spouse as a resident of the United States. You can ask for relief no matter how small the liability. Married persons who live in community property states, but who did not file joint returns, may also qualify for relief from liability for tax attributable to an item of community income or for equitable relief. You can get a refund of your share of the overpayment if you qualify as an injured spouse.
Your filing status is used in determining whether you must file a return, your standard deduction, and the correct tax.