The information contained in this blog is for educational purposes only and is not legal advice. The use of this blog does not create an attorney/client relationship between you and the Law Offices of Wallitsch & Iacobelli. If you are considering separation or divorce, or if you are involved in any legal matter including, but not limited to present divorce proceedings, custody proceedings, or support proceedings, or any other legal matter, you should seek formal legal advice and would strongly urge you to retain an attorney.
Question: My spouse and I are currently separated; can I file single on my taxes?
The short answer is, no. The Commonwealth of Pennsylvania does not recognize a legal separation. Accordingly, in a divorce action the parties’ only options are to file married joint or married separate. You should consult your tax advisor as to the rules for filing head of household.
Circular 230: To ensure compliance with the requirements imposed by the IRS, we inform you that any tax advice contained in our communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any tax penalty or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Our advice in our communication is limited to the conclusions specifically set forth herein and is based on the completeness and accuracy of the facts and assumptions as stated. Our advice may consider tax authorities that are subject to change, retroactively and/or prospectively. Such changes could affect the validity of our advice. Our advice will not be updated for subsequent changes or modification to applicable law and regulations, or to the judicial and administrative interpretation thereof.
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