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Can I file my income tax return without my spouse if I am married ?

 
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2 Replies
Anonymous
Not applicable

Can I file my income tax return without my spouse if I am married ?

what do you mean without my spouse?   if your asking about filing without spouse's consent then

Consequences for Filing a Non-Consensual Joint Tax Return
An individual may not file a joint tax return without the consent of the marital partner.
Filing a joint tax return without the consent of the marital partner is a crime.
Similarly, signing your name on (or e-filing) the return without spousal consent is considered forgery, which is also a crime.
If a joint return is filed without spouse's consent, the IRS will automatically deem the non-consensual joint tax return to be fraudulent.

If the IRS decides that your spouse filed the joint return intentionally and without spousal consent, they may face hefty financial penalties.
In addition, if the IRS decides that your filed the joint return intentionally and without spousal consent, you may go to jail.

 

you can use the married filing separate option, where you don't need spousal consent. 

 

TomD8
Level 15

Can I file my income tax return without my spouse if I am married ?

A married person can file as Married Filing Joint (MFJ) or Married Filing Separately (MFS).  (For most married couples, filing MFJ results in a lower overall tax bill.)  But be careful if you live in a community property state and wish to file MFS.  Filing MFS in a community property state can be complicated.  Also, when filing MFS, if one spouse itemizes deductions, so must the other.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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