@mere18 wrote:
Thanks - yes legally married as of 2021. Filed separately last year but this year we were questioning it.
I don't believe we qualify for any of the credits (earned income credit, education credits, adoption credits, or deductions for student loan interest) anyway - not a tax person, I'm sure of all but earned income credit but I don't think so.
Would joint filing still make most sense, most likely?
Joint filing is almost always better, but the only way to know is to try it. For example, there were a few years when my wife and I filed MFS because, even though we lost about $200 on the federal return, we gained $500 on our state return because of how the state tax brackets were different from the federal tax brackets. You only know by testing different outcomes.
Remember that if your spouse "typically owes" and you typically get a refund, that just means you pay extra to the IRS during the year (by withholding) and he doesn't pay enough.
Also, be aware that if you file jointly, both taxpayers are jointly and equally liable for all tax facts claimed and all taxes owed. If there is a problem later, the IRS can come after whoever has the most money, even if that was not the person with the problem. So if one spouse was self-employed but working under the table or otherwise fudging their income, that might be a good reason to file separately. I'm not saying that applies to you (or anyone else reading this); but it is the one legal reason that spouses might want to file separately even if it costs more in taxes.
