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Good day PINKNation,
As long as you are legally married on the last day of the year, December 31; you can choose to file either married joint or married separate. It does not matter if you do not live in the same house.
It is generally more beneficial to file married joint. However, keep in mind you are both liable for any tax liability that arises from the tax filing. Married filing separate generally results in a higher tax liability as rates are higher and some credits can't be taken. Ultimately, you need to make a decision based on your circumstances.
This article gives a great overview of whether you should file joint or separate
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‎October 25, 2023
2:06 PM