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Can we file seperate and can I claim our children?

We are married and usually file a joint return but I want to file seperate and claim the children. Is this possible?
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2 Replies
MayaD
Employee Tax Expert

Can we file seperate and can I claim our children?

If you were legally married at the end of 2022 your filing choices are married filing jointly or married filing separately.

Generally, filing jointly will give you a bigger refund or less taxes due:

 

  • In 2022, married filing separately taxpayers only receive a standard deduction of $12,950 compared to the $25,900 offered to those who filed jointly.
  • If you file a separate return from your spouse, you are often automatically disqualified from several of the tax deductions and credits ( Education credit, EIC, Child and dependent Care Credit)
  • In addition, separate filers are usually limited to a smaller IRA contribution deduction.
  • They also cannot take the deduction for student loan interest.
  • The capital loss deduction limit is $1,500 each when filing separately, instead of $3,000 on a joint return.

Please check the link below to compare which filing status is better for you:

How can we compare Married Filing Jointly with Married Filing Separately?

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Can we file seperate and can I claim our children?

one more limitation if one itemizes both must itemize and if one takes the standard deduction both must take it. 

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