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Level 3
March 19, 2020
Solved

Filin status for seperated couple in Pennsylania

  • March 19, 2020
  • 3 replies
  • 23 views

Can a couple in Pennsylvania that separated in Oct use the single filing status. They have 5 children. The Wife is going to claim 3 of the children and the Husband is going to claim the other two. They do not want to file jointly. If they file separate Earned Income Credit will be lost

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Best answer by Accountant-Man

Separation agreement can work, but only if it is signed by a judge. Signed by the parties isn't good enough.

3 replies

Just-Lisa-Now-
Intuit Community Champion
March 19, 2020

No, they are not Single, and nobody can claim Head of Household since they didnt live apart over 6 months.    Its MFJ or MFS, those are your choices.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
shooverAuthor
Level 3
March 19, 2020

Even if they have a signed separation agreement? I know in some states the IRS would consider the couple unmarried with that agreement and I know the rules are different from state to state. Not sure if that is the case in Pennsylvania.

Accountant-Man
Level 13
March 20, 2020

Separation agreement can work, but only if it is signed by a judge. Signed by the parties isn't good enough.

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