Can I choose to file jointly (married) this year if the previous year I have filed separately with my spouse? So far, both of us have not filed our tax returns.

[eMMs]

Past 2 years we have filed separately.  However this year we would like to file jointly to get a better tax return.  We were wondering if we can just choose to file jointly for this year's tax return? or is there a form or process that we need to go through to change from separate to joint?  We have not sent our tax returns yet.

[Anonymous · Accepted solution]

yes, you can switch each year without having to do anything special.  you'll need to establish a new account and won't be able to import prior year info.  so make sure to enter any carryover info in the joint return

however, there are certain requirements

You’re considered married if, on the last day of the year, if both of these apply:

You’re legally married.

You’re not legally separated under a divorce or separate maintenance decree.

[VolvoGirl]

You can even amend the prior returns to Joint.  

You don’t have to start a new account.  Just pick the return for the spouse that has the most complicated return to enter or has any depreciation or business or  more investments.  Or use the account for whoever you want to be listed first going forward (by the way you can not change the order of the names).  Then add the other spouse's name, ssn and info to it.