Divorce and Joint Tax Return

Tax return is that truth of life which stays with us as long as we are earning and something with which we have to deal with regardless of whether we like it or not. Just as the situation in our life changes, so does the rules and regulations that apply on us at the time of filing tax returns.

When we are single there are a set of rules that applies to us for filing tax returns in Mississauga and when we get married, these set of rules changes for us. Another change takes place when we file for divorce and get separated from our legally wedded spouse. Often people are in confusion as to how they should deal with different marital situation in their life.

One of the first question people faces is whether they should file separate or joint tax returns? The answer to this haunting question is that joint tax return can be filed only in situation when you were still married by the time the current tax year came to an end. Consent of both the husband and wife is required in order to do so.

When you file tax returns in Oakville in the joint form you are supposed to click on the box, ‘married filing jointly’. The clause to file joint tax returns does not apply on domestic partners or same sex couples. Now the second big question is when a person is considered as married?

You will be considered as a married person even if you are living at different location, but have not filed for divorce legally. You will be treated as married couple as long as you do not receive the final decree that terminates your marital condition. Till the time this happens you can file tax returns as married couple.

However, if you receive this final decree before the end of the current financial year, you can file tax returns as head of the house or as single. Now, when you are clear with when you have to file return as couple and when as single, the next big question is which situation is more beneficial to you.

This is no one answer to this question. Tax return condition of every individual is almost unique and it is for this reason they should consult their consultant as to what can be best for them. The main drawback of filing joint tax returns in Oakville is that both the person are equally responsible for filing the thing in time and the penalties, interest and deficiencies apply to both of them equally.

Now, there is a third scenario in this situation and that is when the married couple have a child. Situation also differ when the child is small and when he is a teenager or earning on his own. All these situations can be best judged by your individual tax return consultant.