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Level 1
November 19, 2019
Question

Married filing separately

  • November 19, 2019
  • 5 replies
  • 18 views

My fiance and I are considering filing separately once we're married to keep my student loan monthly payment costs down. However, is it true that neither one of us would be able to claim dependents once we have kids? I have read different things and I'm hoping for a straight answer. 

    5 replies

    VolvoGirl
    Level 15
    November 19, 2019

    You can claim dependents when you file separately.  There are just some credits you can not claim like the

    EITC Earned Income Tax Credit

    Child Care Credit

    Educational Deductions and Credits

     

    It is usually better to file Joint. Joint has the lowest tax rates and the highest Standard Deduction.   And if you are in a Community Property state MFS gets tricky to figure out.  

     

     

    Level 15
    November 19, 2019

    Here are some more details about the differences between MFS and MFJ.  Some people get so focused on the amount they want to pay for student loans that they overlook the tax benefits they forfeit by filing separate returns.  When the time comes, you should really calculate it both ways to see what really makes sense for you.

     

    If you were legally married at the end of 2019 your filing choices are married filing jointly or married filing separately.

    Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $24,400 (+$1300 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit.

     

    If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

    If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

     

    https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

    https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

    https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separately

    **Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
    Level 2
    January 15, 2020

    My daughter is 22 and goes to college full time. She got married last March to a marine. He has been deployed in the middle east for most of the year. They have not lived together and he hasn't paid for any of her expenses. She worked part time to help pay for some of her school bills very minimum. I understands she has to file married jointly or seperately but how do they do that. Do they file married jointly and only claim her W-2 information on her part time job? Also mark on her return yes someone else can claim her? I assume as her parent and that we have paid for all her expenses and tuition that I can still claim her on our taxes for dependent and college credit, is that correct? Thanks.