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Filing married filing separate but all still living in same household

We plan to file married filing separately, only because it seems to be giving us a higher return that way by about $2500. My wife is claiming our son on her filing. Instructions say I still should document him as a dependent on my filing as well and it would sort out who is claiming later in the filing. The only follow up questions are asking things like is there a custody order, or only giving me an option to say my son lives with me the whole year, or lives with the other parent the whole year. It does not have any options that indicate we all live in the same household. So it gives both of us the child tax credit. Is this allowed? and if not how do I fix it without making untrue statements on the living situation?

We are married, all in the same household, not separating and no custody or court orders involved. 

I believe I am doing things correctly because I also rant it through another tax software to make sure and got the same numbers. 

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1 Best answer

Accepted Solutions
VolvoGirl
Level 15
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

Filing married filing separate but all still living in same household

No.   If you file separately only 1 person can put the son on their return.  The other person doesn't enter the son.  

 

Here's some things to consider about filing separately……

 

In the first place you each have to file a separate return, so that's two returns. And if you are using the Online version that means using 2 accounts and paying the fees twice.

 

Many people think they come out better when filing Married Filing Separate but they are probably doing it wrong. If one person itemizes deductions then the other one must itemize too, even if it's less than the standard deduction, even if it is ZERO!

 

And there are several credits you can't take when filing separately, like the

EITC Earned Income Tax Credit

Child Care Credit

Educational Deductions and Credits

 

And contributions to IRA and ROTH IRA are limited when you file MFS.

 

Also if you file Married Filing Separately up to 85`% of your Social Security becomes taxable right away even with zero other income.

 

See …….
https://ttlc.intuit.com/community/married/help/is-it-better-for-a-married-couple-to-file-jointly-or-...


And, https://turbotax.intuit.com/tax-tips/marriage/should-you-and-your-spouse-file-taxes-jointly-or-separ...

 

View solution in original post

1 Reply
VolvoGirl
Level 15
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

Filing married filing separate but all still living in same household

No.   If you file separately only 1 person can put the son on their return.  The other person doesn't enter the son.  

 

Here's some things to consider about filing separately……

 

In the first place you each have to file a separate return, so that's two returns. And if you are using the Online version that means using 2 accounts and paying the fees twice.

 

Many people think they come out better when filing Married Filing Separate but they are probably doing it wrong. If one person itemizes deductions then the other one must itemize too, even if it's less than the standard deduction, even if it is ZERO!

 

And there are several credits you can't take when filing separately, like the

EITC Earned Income Tax Credit

Child Care Credit

Educational Deductions and Credits

 

And contributions to IRA and ROTH IRA are limited when you file MFS.

 

Also if you file Married Filing Separately up to 85`% of your Social Security becomes taxable right away even with zero other income.

 

See …….
https://ttlc.intuit.com/community/married/help/is-it-better-for-a-married-couple-to-file-jointly-or-...


And, https://turbotax.intuit.com/tax-tips/marriage/should-you-and-your-spouse-file-taxes-jointly-or-separ...

 

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