Switching the Filling Status (form 1040) from MFJ to MFS whenever

[THUY PHAM]

Dear Team,

I am married, live together with my husband until now, we have filled return 1040 with form MFJ for years ago.

Can I switch the form MFJ to the MFS in filling return 1040 in year 2024; or whatever year later on (2025 or 2026...)?

Are there any rule for the switching of filling status (from MFJ to MFS ; via versus) ?

Thanks Turbo tax

[VolvoGirl]

Yes you can switch each year.  But to do MFS you each need to set up your own accounts and not transfer from the Joint return.  

And may I ask why you are filing separate returns?  Sometimes people don't realize the differences between filing  Joint and MFS.  Joint is almost always better.  Here's some things to consider about filing separately……

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.  The Desktop CD/Download program would be better to use.

Many people think they come out better when filing Married Filing Separate but they are probably doing it wrong.  If one person itemizes deductions on Schedule A then the other one must itemize too, even if it's less than the standard deduction, even if it is ZERO!  And if you are in a Community Property state it can be complicated 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.

Also if you file Married Filing Separately up to 85`% of your Social Security becomes taxable right away even with zero other income.

See …….

https://ttlc.intuit.com/community/married/help/is-it-better-for-a-married-couple-to-file-jointly-or-...

[SharonD007]

No, there's no rules.  You can switch from MFJ to MFS (or vice versa) each year.   Each of you will have to enter the other’s information on your respective tax returns.

Also, there are other rules that you must follow if you file MFS and live in a community property state.  TurboTax will guide you through the screens.

For additional information, review the TurboTax articles Should You and Your Spouse File Jointly or Separately? and  Married Filing Separately in community property states

[NCperson]

@THUY PHAM while there are no rules that limit switching from year to year, there are rules about amending.  

if the two of you have remorse about your decision, you can amend and revert from MFS to MFJ for three years beyond the original filing deadline; however, after the filing deadline, you are precluded from reverting from MFJ to MFS. 

also, 96% of married couples file Joint, because the laws motivate that behavior.