topic Which state? in Deductions & credits

What is community property? We just married on new years eve but want to file separately because it benefits us more.

sorogphi — Thu, 06 Jun 2019 14:19:53 GMT

Are you sure? How come it's better? It is usually the w...

VolvoGirl — Thu, 06 Jun 2019 14:19:55 GMT

Are you sure? How come it's better? It is usually the worse way to file. Many people think they come out better when filing Married Filing Separate but they are probably doing it wrong. If one person itemizes deductions then the other one must itemize too, even if it's less than the standard deduction, even if it is ZERO!

Unless you have a specific reason to file separate returns,
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.

And there are several credits you can't take when filing separately, like the
EITC Earned Income Tax Credit
Child Care Credit
Educational Deductions and Credits
And contributions to IRA and ROTH IRA are limited when you file MFS.

See …….
<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately">https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately</a>

MFS is not the same as Single. In Comm Prop states, you m...

SweetieJean — Thu, 06 Jun 2019 14:19:56 GMT

MFS is not the same as Single.
In Comm Prop states, you must split your incomes, deductions,etc 50/50.

Well when we file jointly our refund came back less than...

sorogphi — Thu, 06 Jun 2019 14:19:57 GMT

Well when we file jointly our refund came back less than if we filed separately. We don't use child care, neither of us are in school currently, we did just have a child but only one of us currently has a 401k.

Which state?

SweetieJean — Thu, 06 Jun 2019 14:19:58 GMT

Which state?

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

"we did just have a child" When you file MFS, only one o...

SweetieJean — Thu, 06 Jun 2019 14:20:02 GMT

"we did just have a child" When you file MFS, only one of you can claim the child. Was he/she born on 2017? Be sure to indicate that the baby lived with you all year (which is okay for newborns).

( Community property states: AZ, CA, ID, LA, NV, NM, TX,...

xmasbaby0 — Thu, 06 Jun 2019 14:20:05 GMT

( Community property states: AZ, CA, ID, LA, NV, NM, TX, WA, WI)

We are in TX, and I did claim her for the full year.

sorogphi — Thu, 06 Jun 2019 14:20:09 GMT

We are in TX, and I did claim her for the full year.

What do you mean "I claimed her" You CANNOT claim a spou...

xmasbaby0 — Thu, 06 Jun 2019 14:20:11 GMT

What do you mean "I claimed her" You CANNOT claim a spouse as a dependent whether you file married joint or married separate.

I claimed our child...

sorogphi — Thu, 06 Jun 2019 14:20:12 GMT

I claimed our child...

You are in a community property state--which really makes...

xmasbaby0 — Thu, 06 Jun 2019 14:20:16 GMT

You are in a community property state--which really makes filing separately very tricky. And by filing separately you cannot get earned income credit and you get less child tax credit.

Well we don't qualify for the EIC due to our joint income...

sorogphi — Thu, 06 Jun 2019 14:20:18 GMT

Well we don't qualify for the EIC due to our joint income and our child tax credit stayed at $1000.

https://www.irs.gov/pub/irs-pdf/p555.pdf">https://www.irs.gov/pub/irs-pdf/p555.pdf</a>

Then do whatever you want. You are gong to anyway.

xmasbaby0 — Thu, 06 Jun 2019 14:20:22 GMT

Then do whatever you want. You are gong to anyway.

Profanity is not permitted on this forum. And we are just...

SweetieJean — Thu, 06 Jun 2019 14:20:23 GMT

Profanity is not permitted on this forum. And we are just trying to help you.

BECAUSE THAT WAS SOOOO HELPFUL, she wasn't even trying to...

sorogphi — Thu, 06 Jun 2019 14:20:25 GMT

BECAUSE THAT WAS SOOOO HELPFUL, she wasn't even trying to answer my question. I think we are all adults and Im sure help feelings are just fine.

Sorry--that was snarky. We are trying to help you though...

xmasbaby0 — Thu, 06 Jun 2019 14:20:26 GMT

Sorry--that was snarky. We are trying to help you though and you are clinging to filing separately against all advice to the contrary.

Texas is community property unless the taxpayers have a v...

vernonnjoi — Thu, 06 Jun 2019 14:20:28 GMT

Texas is community property unless the taxpayers have a valid pre or post nuptial agreement opting out of the community property system. All items of income, withholding and expenses are generally split 50/50. Certain income such as pensions, IRA distribution, RR retirement are not subject to community property splitting nor is any withholding from those items. They are considered separate property. Income from partnership or s corps is also community property, as is self_ employment income though the self employment tax belongs to whoever earned it...ownership interest of the entity may be separate property depending on the facts. Be careful if you do a married separate return in Texas. If not correct it will trigger an audit. If this happens, in an audit a person can request innocent spouse relief per Section 66(c) as discussed in Rev Proc 2013-34. Check the Pub.

Okay, TX is a Community Property State. You have to spli...

SweetieJean — Thu, 06 Jun 2019 14:20:30 GMT

Okay, TX is a Community Property State. You have to split your incomes, withholdings etc 50/50. For example:

Husband wages $50,000

Wife wages 10,000

60,000

So you each claim $30,000 on your respective MFS returns.