- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Get your taxes done using TurboTax
It depends on your exact situation. You have the option of filing either married filing jointly or married filing separately regardless of whether or not you live together. Additionally, because you dont live together, you have the option of filing as head of household, if you meet all of the requirements. Please refer to the following FAQ for additional information. https://ttlc.intuit.com/replies/4206137
Married filing jointly is usually the best option for a married couple because you get the lowest tax rates, highest standard deduction, and the best tax benefits, especially when you are claiming dependents.
When you file married filing separately some benefits are eliminated and others are reduced and this can have a significant effect on your tax return. Some of the situations that can affect your return when you file married filing separately include, when you contribute to an IRA, are interested in itemizing your deductions, or live in a community property state. Please refer to pages 7-8 of Pub 501 under the headings, "married filing separately" and "special rules" for more information. https://www.irs.gov/pub/irs-pdf/p501.pdf
If you choose to file as married filing jointly and if you qualify the file an injured spouse claim, this will allow you to get the portion of the joint refund that you are entitled to. However, according to pages 1-2 of the IRS form instructions under the headings, "specific instructions" and "line 5a", "In community property states, overpayments are considered joint property and are generally applied (offset) to legally owed past-due obligations of either spouse. However, there are exceptions. The IRS will use each state's rules to determine the amount, if any, that would be refundable to the injured spouse."
In order to qualify:
- You need to file married filing jointly
- You cant have any legal responsibility to pay your spouse's debt.
- You would need to have earned income and/or taxable income that entitles you to a tax refund unless you or your children are eligible for and claiming the American Opportunity tax credit. The American Opportunity tax credit is a partially refundable tax credit that you can qualify for if you are pursuing your first bachelor's degree and meet the requirements to claim the credit. Please refer to the questions on page 1 of Form 8379 for more information. https://www.irs.gov/pub/irs-pdf/f8379.pdf
- The debt has to be subject to collection through the income tax return.
Please refer to page 1 of the IRS instructions for Form 8379, under the heading, "are you an injured spouse?" to review these requirements. https://www.irs.gov/pub/irs-pdf/i8379.pdf
Please refer to the following FAQ for instructions on how to file an injured spouse claim in Turbo Tax. https://ttlc.intuit.com/replies/3326788
Please be aware that injured spouse claims take anywhere from 8 to 14 weeks depending on how you filed the claim. Please refer to page 1 of the IRS form instructions under the heading, "time needed to process form 8379". https://www.irs.gov/pub/irs-pdf/i8379.pdf