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Level 4
February 13, 2022
Question

Filing Jointly Vs Separately (High Income)

  • February 13, 2022
  • 7 replies
  • 47 views

Hi -- pretty sure I am doing this correctly but looking for confirmation.   If a husband and wife each have a high income (let's say 500k each as an example), then I do not think there's any difference in married filing separately vs married filing jointly for federal -- is that correct?  I was surprised to get the same answer when doing it both ways but then when I looked at the tables, that does seem to be the case.  (While it doesn't make a difference for Federal, It makes a difference in NY and its more advantageous to file separately)

 

    7 replies

    Alumni - Champ
    February 13, 2022
    Mike9241
    Level 15
    Level 15
    February 13, 2022

    essentially correct but there are caveats. for MFS both must use either the standard deduction or itemize. certain credits are lost when MFS

    since we can't see your returns there could be other things

     

     

    Mike9241
    Level 4
    February 13, 2022

    Thanks all.  I should have been more specific in that both earners will take the standard deduction, no kids,  and live in New York City.  For NYC residents, there's a NYC education. credit (line 69a) that phases out after $500K.  So if both earners are under $500K, they each get the credit whereas combined they exceed $500K and do not get the credit thus the desire to file separately.   It amounts to about a $2,000 savings.

    Level 10
    February 13, 2022

    Yes, you are correct. If both of you earn about the same amount and are in the same tax bracket and neither of you is eligible for any of the credits or impacted by any of the limitations that have already been listed, then you may see more of a benefit by filing separately because of the impact on your state return. 

    LeonardS
    Level 14
    February 13, 2022

    No, generally when a couple file separately vs jointly the combined tax liability, federal and state, is higher filing separately vs than filing a joint return.  However, this general statement does not apply in all cases.  When comparing the two methods you were correct to include your NY state return for an accurate comparison.

     

    Disadvantages of Married Filing Separately

    (in addition to various amounts normally being half of MFJ amount)

     

    Lost Credits

    •Earned income credit.

    •Credit for the elderly or the disabled.1

    •Child and dependent care credit.2

    •Adoption credit.2

     

    Lost Education Benefits

    •Education credits.

    •Student loan interest deduction.

    •Tuition and fees deduction.

    •U.S. savings bond interest exclusion.

     

    Standard Deduction

    If one spouse itemizes deductions, the other must also itemize (that is, cannot claim the standard deduction).

     

    Taxable Social Security

    A greater percentage of social security benefits may be taxable.

     

    IRAs

    •Traditional IRA deduction and Roth IRA contributions phased out at $10,000 of modified AGI.1

    •Spousal IRA rules do not apply.

     

    Passive Losses

    •Rental real estate loss allowance is limited to $12,500 per spouse ($0 if spouses lived together at any time during the year), with lower phase-out thresholds.

    •One spouse’s passive income cannot be offset by the other spouse’s passive loss.

     

    AMT Exemption

    In addition to the exemption phasing out, some high-income taxpayers must add an amount back to AMTI.

     

    Filing Requirement

    Regardless of the age of the taxpayer, if gross income is at least $5, a tax return must be filed.

    1 Unless spouses lived apart for the entire year.

    2 Unless spouses lived apart for the last six months of the year.

     

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