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what are the rules for filing taxes while married?

so this will be me and my husbands first time filing taxes while married. my husband wants to file taxes as married not seperated and married but together. my husband got all of his tax forms back but i wont get mine until sometime next month, cuz i talked to the places i worked at yesterday since im not working at any of them anymore, the first job i only worked for a few months and i only worked one day a week, and then i found another job that gave me way more hours, but i only worked there for 5 months, cuz they were doing illegal things against me. so the question is, is should my husband just go ahead and file his taxes and i just dont file mine at all? cuz we need the money asap we cant wait another month just to get my tax papers back. i just dont know if they will see that i worked when they help him file his taxes, and then take some of his tax money away for or will we get in trouble for him trying to file his taxes as married when i dont have my tax papers back? we looked on line and it shows for us that if he files as married and together we would get more money back. so does any body know anything about this stuff? will we get money taken off for me not filing my taxes with him? or will they see that i worked for 2010?

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Asked by hello_kitty1 at 2:22 PM on Jan. 19, 2011 in Money & Work

Level 7 (177 Credits)
Answers (8)
  • Your two choices are joint and separate. You can't file as single, you can't file as head of household and you can't file as a Qualifying widow(er)

    Answer by LoveMyDog at 2:26 PM on Jan. 19, 2011

  • If you file jointly then you will need to include your W-2's; your preparer won't know unless you tell him/her, but the IRS will eventually match up your social security number from your W-2 and will send you a notice. Your husband can file married filing separate using only his information and then you can do the same when yours comes in, but that could result in less total money refunded to you.

    Answer by Anonymous at 2:28 PM on Jan. 19, 2011

  • You might be able to get a particial refund by filing his taxes now and amending the return when your paperwork comes in. but all papework should be to you in 12 days. I would wait and do it right.

    Answer by LoveMyDog at 2:30 PM on Jan. 19, 2011

  • Oh if you screw with them they won't just take money off. They will kick it over to the investigation department and you won't see a dime until they are done with you - maybe sometime in August! Call your former employers and remind them that they are required by law to give you your forms by either Jan 31 or Feb 1 (look it up at and offer to pick them up in person if they plan on mailing them as late as possible. I had an employer miss the deadline. Feb 2nd I called him up and explained to him that he was inviolation of the law. He stopped everything he was doing and filled out my paperwork that day!

    Answer by LoveMyDog at 2:36 PM on Jan. 19, 2011

  • yeah see i talked to both places and they said they arent sending them out until the 31st i kind of thought that was illegal arent u supposed to get them by the 31st?

    Comment by hello_kitty1 (original poster) at 2:38 PM on Jan. 19, 2011

  • They need to be sent by the employer by the 31st....just wait and do it right if you don't you'll end up owing the IRS more as well as penalties

    Answer by Mom2Jack04 at 3:38 PM on Jan. 19, 2011

  • No you have until the 31st to postmark them. But it is probably in your best interest to wait for you're w-2s to get in. Most people find that they get a bigger tax refund/lower tax liability that way.

    You can use your last pay checks from both those companies though. That will work just as well.

    If your husband does want to file now make sure he files married filing separate. If he files a joint return they'll find out that you didn't report all the w-2s and that will delay your tax refund for a very long long time. It also makes it more likely that you guys will get audited in the future.

    Answer by Erica_Smerica at 3:40 PM on Jan. 19, 2011

  • And when you DO file, provide the requested info and check the box for Direct Deposit to your checking'll get your refund in about 2 weeks time, and be able to spend it right away!

    Answer by LoriKeet at 5:52 PM on Jan. 19, 2011

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