Filing Status question

[Mimi2233]

What filing status do I file if my husband is doing a 1099 with his business and filing his return under his business?  Not sure if it is Married Filing Jointly or HOH. 

[Hal_Al · Accepted solution]

Q. What filing status do I file if my husband is doing a 1099 with his business and filing his return under his business? 

A. You still file as  Married Filing Jointly (MFJ).  The 1099 income is filed on Schedule C, which is  just an additional form that is part of your regular income tax filing (form 1040).

A married person is not allowed to use the Head of Household (HOH) filing status (there's  a rare exception, not related to filing business income). 

[DoninGA]

If you are legally married and are living together you can only file your tax return as Married Filing Jointly or Married Filing Separately.

Regardless of how your spouse is reporting his business income and expenses you should be filing as Married Filing Jointly on your personal tax return.  You report both your income and your spouse's income on your personal tax return when filing as MFJ.

[rjs · Accepted solution]

"filing his return under his business"

Your husband has to file a personal tax return. That should be a joint return with you. If his business is a sole proprietorship or a single-member LLC he will include the business on Schedule C in your joint personal tax return. If his business is a multi-member LLC, partnership, S corp, or C corp, the business has to file a separate business tax return, but your husband still has to file a personal tax return. The business tax return does not replace his personal tax return.