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posted Jun 4, 2019 9:48:08 PM

I am married but want to file separately - why don't I get EIC?

My husband (newly married) files a business return and uses an extension - I prefer to do my taxes now and collect my own return.... why can't I get my EIC?

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1 Best answer
Level 15
Jun 4, 2019 9:48:10 PM

One of the disadvantages of filing as Married Filing Separate is you cannot take some credits that you may qualify for.  The EIC is one credit that you cannot take.

Married Filing Separate, you will usually pay more tax on a separate return, the standard deduction is half of what a joint return is, you cannot take all the credits you may qualify for, for ex.  You cannot take the earned income credit or the education credits, and some deductions and credits are reduced at income levels that are half those for a joint return, for ex. Child Tax Credit.

Married Filing Joint is usually the best filing status (even if only one spouse has little or no income), you pay less tax, it has the highest standard deduction ($12,600), and all credits you may qualify for are available. 

Community property states.   If you live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin and file separately, your income may be considered separate income or community income for income tax purposes. See Publication 555.

http://www.irs.gov/publications/p555/index.html

Married Filing Joint vs. Married Filing Separately

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

When Married Filing Separately Will Save You Taxes

https://turbotax.intuit.com/tax-tools/tax-tips/Family/When-Married-Filing-Separately-Will-Save-You-Taxes/INF22492.html

You can get a quick idea of what filing status would be better for you by using TurboTax's TaxCaster, enter your information as Married Filing Joint, then enter each of your own information as Married Filing Separate
https://turbotax.intuit.com/tax-tools/calculators/taxcaster/

2 Replies
Level 15
Jun 4, 2019 9:48:10 PM

One of the disadvantages of filing as Married Filing Separate is you cannot take some credits that you may qualify for.  The EIC is one credit that you cannot take.

Married Filing Separate, you will usually pay more tax on a separate return, the standard deduction is half of what a joint return is, you cannot take all the credits you may qualify for, for ex.  You cannot take the earned income credit or the education credits, and some deductions and credits are reduced at income levels that are half those for a joint return, for ex. Child Tax Credit.

Married Filing Joint is usually the best filing status (even if only one spouse has little or no income), you pay less tax, it has the highest standard deduction ($12,600), and all credits you may qualify for are available. 

Community property states.   If you live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin and file separately, your income may be considered separate income or community income for income tax purposes. See Publication 555.

http://www.irs.gov/publications/p555/index.html

Married Filing Joint vs. Married Filing Separately

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

When Married Filing Separately Will Save You Taxes

https://turbotax.intuit.com/tax-tools/tax-tips/Family/When-Married-Filing-Separately-Will-Save-You-Taxes/INF22492.html

You can get a quick idea of what filing status would be better for you by using TurboTax's TaxCaster, enter your information as Married Filing Joint, then enter each of your own information as Married Filing Separate
https://turbotax.intuit.com/tax-tools/calculators/taxcaster/

Level 15
Jun 4, 2019 9:48:31 PM

You cannot get EIC when you file MFS.