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posted Jun 4, 2019 5:48:33 PM

Can I file my own w-2 married filing separate (no dependents) and also be a dependent on my husbands w-2?

Can I file my own w-2 married filing separate (no dependents) and also be a dependent on my husbands w-2?

My w-2  has no dependents. Just me. Want to file married filing separate. 

My husband claims me and two kids. We file his married filing jointly.  

Is this doable?

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1 Best answer
Expert Alumni
Jun 4, 2019 5:48:34 PM

That would be a double-filing.  If you and your husband file married filing joint, your income must be included on the return.  It is usually still the most favorable filing status for a married couple (even though increased income may reduce Earned Income Credit).  But you cannot exclude your income from the return if you have a joint return to file.  You can both file Married Filing Separately, (which can result in a loss of certain credits, especially Earned Income Credit), but it is legal for both of you to file Married Filing Separate returns.  But one cannot file Married Filing Joint and the other Married Filing Separate.

1 Replies
Expert Alumni
Jun 4, 2019 5:48:34 PM

That would be a double-filing.  If you and your husband file married filing joint, your income must be included on the return.  It is usually still the most favorable filing status for a married couple (even though increased income may reduce Earned Income Credit).  But you cannot exclude your income from the return if you have a joint return to file.  You can both file Married Filing Separately, (which can result in a loss of certain credits, especially Earned Income Credit), but it is legal for both of you to file Married Filing Separate returns.  But one cannot file Married Filing Joint and the other Married Filing Separate.