Is it okay to file MFS so we can get more stimulus check?

[hujor123]

We always file MFJ in the past. My income is way lower than my partner and we have two dependents. If we file MFJ this year, looks like we can only receive a very small amount of third round stimulus check (if passed) due to the fast phasing out ratio. However, if we file MFS and I claim two dependents,  I can receive 1400*3.  My partner would pay a few extra tax but overall it's still way better.  Am I able to do this way? Can I claim both two dependents even I'm the lower income of the household? Do I need to file 8332 form? Thanks!

[SweetieJean]

Since any third stimulus has not yet been enacted, we don't how it will work, or if what you are proposing will benefit you.  But there are likely to be different income limits for MFS v. MFJ to discourage what you are referencing. Stay tuned.

[SweetieJean]

Also keep in mind that, when filing MFS in general, you both must itemize or both claim the Standard deduction.  And there are additional issues if you are in a Community Property State.  Furthermore, you can't claim the EITC if your filing status is MFS.

Congress over the years has enacted these rules so that married couples do not "game the system" by filing MFS to get higher refunds.  In addition, the Head of Household filing status is designed for Single parents with children.