Filling separate when married

[samjustinbray]

Hello,

  I am married but would like to file separately. Would I just tell my CPA when I fill taxes for 2022? Any info would be appreciated. 

[VolvoGirl]

Here's some things to know and consider.  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.  

In the first place you each have to file a separate return, so that's two returns.  And if you are using the Online version that means using 2 accounts and paying the fees twice.  

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!  

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.

Also if you file Married Filing Separately up to 85% of your Social Security becomes taxable even with no other income.

See …….

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

And how to compare,

https://ttlc.intuit.com/questions/2895312-how-can-we-compare-married-filing-jointly-with-married-fil...

[samjustinbray]

Thank you very much for your response. I appreciate it. 

[rjs]

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@samjustinbray wrote:

I am married but would like to file separately. Would I just tell my CPA when I fill taxes for 2022?

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You have to tell your spouse, too, before you file. Even when you file separately there has to be a certain amount of cooperation and exchange of information between the spouses. What one spouse does can affect the other spouse's tax return. Your CPA will advise you about the pros and cons (mostly cons) of filing separately, and about coordinating with your spouse.

[Mike9241]

discuss your situation with your CPA, they may have suggestions. a joint return cannot be filed unless both consent to it.

[NCperson]

@samjustinbray - while you did not state why you want to file Separate, do understand that the tax laws motivate married couples to file Joint.  In fact, 96% of married couples file joint.  There is really NO financial benefit to filing Separate.  I suspect there last 4% are having marital issues and won't agree to a Joint return or simply don't understand the financial impact of filing Separate.

[TomD8]

Filing separately can sometimes make sense when both spouses make about the same amount of income and combining incomes pushes them into a higher tax bracket.  Your CPA should be able to calculate this for you.

[NCperson]

@TomD8 - the Joint tax bracket range is always twice the MFS tax bracket range.....so I am not sure it is mathmathically possible for the joint tax bracket to be higher than the MFS bracket even if both spouses have the exact same incomes.... I am struggling with finding an example where Joint would push a couple into a higher tax bracket versus filing MFS