Social security

[303734]

My father is separated from his wife. She wants to file MFJ. She is not an honest person. She wants his 1099 from S.S. He is suffering from early onset dementia.  We ( his kids) want him to file his own taxes as we believe she has not paid hers( she's self employed)and just wants to use our dad. She will not give over HER tax information so we can decide what's best for our father. He only has S.S. income as far as we know ,unless he gets other income in his name that she keeps and we don't know about.  His S.S. is only 24,000 a year. They have been separated for four months.  He is 82. What do we do? We don't want him responsible for her taxes when he has not worked in over 2 years. And she will not share the refund if it's direct deposit into a bank account that might still have his name on it along with hers. HELP!!

[rjs]

These are not just tax issues. We cannot help you here. You need to consult a lawyer.

[Vanessa A]

This is a personal decision, but you are correct, without knowing what her financial situation is, he could end up being responsible for her tax liability.  If they are separated and file separately, then his SS will be 85% taxable.  If his SS is $24,000 then $20,400 would be considered taxable income.  Even if he files jointly, depending on how much income she has, it could still be up to 85% taxable.

If he would file as MFS, then his standard deduction would be $16,150 since he is over 65, which would mean he would have taxable income of $4,250.  That amount would be taxed at 10%.  

You are under no obligation to have his taxes filed jointly with her.  Whether married and living together or separated, each individual always has the choice to file separately if it is in their best interest. Do remember, when you sign a joint return you are liable for the entire tax amount individually and jointly unless you file for innocent spouse relief.  

[rjs]

It's not clear exactly what you mean by "separated." If they are "legally separated under a decree of divorce or separate maintenance" then they are treated as unmarried for tax purposes. That means that they cannot file as married filing jointly or as married filing separately. They have to each file as single. Not all states have legal separation. But if they are not "legally separated under a decree of divorce or separate maintenance" then they have to file as either married filing jointly or married filing separately. This is one of the legal issues that you have to resolve.

I am omitting some details about a married couple living apart that involve one or both of them having a child living with them (not an adult child), because that does not appear to be the case here. Simply living apart does not make them legally separated.