Yes - you can file with a status of "married filing separately" to protect your tax refund.
Please keep in mind the following:
-
Married Filing
Jointly is usually better than filing separately. When
you file a joint return, you and your spouse will each receive the $4,050
personal exemption, plus the married filing jointly standard deduction of
$12,600. Normally you are also eligible for more credits (child tax
credit, education credits, earned income credit, child and dependent care
credit) but these may not apply to your situation.
-
If
you are married and file separately, you both must itemize
your deductions on each of your returns, or both of you must take the
standard deduction.
If you decide to file jointly and include Form 8379, Injured Spouse Allocation, please follow these
steps:
- Click on Federal Taxes >
Other Tax Situations [In TT Self-Employed: Personal
> Other Tax Situations]
- Scroll down to the Other Tax
Forms section and click on the Start/Update box next to Miscellaneous
Tax Forms. [See Screenshot #1, below.]
- On the Miscellaneous Tax Forms screen,
click on the Start/Update box next to Report an injured or
innocent spouse claim. [Screenshot #2]
- On the Innocent or Injured
Spouse Relief screen, click on the Yes box.
-
Don't make any entries on the
next 2 screens --
just click Continue. [They apply to Innocent Spouse Relief.]
- On the screen Let's See if You
Qualify for Injured Spouse Relief, mark the appropriate state box and
click Continue. [Screenshot #3]
- On the screen, Tell Us More
About Your Situation, mark the appropriate boxes and click Continue.
[Screenshot #4]
- On the next screen, mark whether
you reported your own federal tax withheld on the joint return.
- The next screen will tell you if
you qualify for injured spouse relief. Mark the radio button to
indicate whether you want to file this claim with your 2016 tax
return and click Continue. [You can either file form 8379
along with your tax return, or you can mail it in separately] [Screenshot
#5]
- Continue through the rest of the
interview, entering the requested information.
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