Bellevue, WA asked in Tax Law for California

Q: - Should I be unmarried to qualify for a head of a household? - Bank withdrawal without authorization

- In 2018 taxes, did I have to be unmarried to be considered as a head of a household, since three adult children werel living with me all students full time, and one is mentally challenged?

- FTB withdrew money from my account without sending me a notice or getting my authorization, although I did not owe them any money, it's been years sending letters back and forth, asking me to fill in forms by mail without reaching to a decision yet. Their agents kept giving me confusing instructions, and I had to follow those instructions, but in vain.

- Currently, I am a disable person (homeless situation) due to a car accident without an income, and I do not know how to handle this dept. any more.

Thank you.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Tax Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: For 2018, to qualify as "Head of Household" on your taxes, you did not need to be unmarried, but you must have maintained a home for a qualifying person, such as a dependent child, and paid more than half the costs of keeping up the home for the year. Having three full-time student adult children and one mentally challenged child living with you could potentially qualify you, depending on other criteria.

As for the FTB (Franchise Tax Board) withdrawal, unauthorized withdrawals can be disputed, especially if you believe you did not owe money. It's crucial to maintain all correspondence with the FTB, documenting their requests and your responses. In your current situation, it may be beneficial to seek legal aid or a low-cost legal clinic to assist you in resolving the FTB matter, especially given your vulnerable status. Local bar associations often have resources or referrals to assist individuals in need. For your homelessness and disability concerns, consider reaching out to local social services or nonprofits that provide assistance to individuals in similar situations. They may offer guidance or resources to help you navigate your current challenges.

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