Question for married couples without children

[fyten2817]

Hello, My husband and I just got married. We live off of his income solely. Should we file jointly or separately? Should he file as head of household and myself as a dependent? Thank you

[xmasbaby0]

A spouse can never be claimed as a dependent.   File a joint return.

If you were legally married at the end of 2021 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,100 (+$1300 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

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

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

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

[fyten2817]

Thank you for your quick response. Married filing jointly sounds like the best option for us. 

[JandKit]

Hi,

In most cases, filing joint provides a better tax filing. Especially since there are no dependents, it makes sense to file jointly unless...there is a tax consequence that could cause a tax offset. It would not be possible to be filed as a dependent on your tax return. You are considered equal to your spouse in that respect.  Your choices at present are Married filing jointly or married filing separately. Hands down, Married filing joint is best for you!