Filing Status - SSI

[LL10]

When you have a spouse that receives SSI and you are married.  Do you have to claim your spouses SSI to claim a Married Status?  I realize that you cannot claim them as a dependent.

[xmasbaby0 · Accepted solution]

First let's clarify what you mean by "SSI"--do you mean Social Security benefits for which your spouse receives a SSA1099 in January?  That is not SSI--"SSI" is Supplemental Security Income which is not taxable and not reported on any document.

If your spouse receives a SSA1099 then yes, it must be reported on your joint return, or if you file separate returns, it has to be reported on your spouse's return.  It is part of your income as a married couple and therefore, taxable on a federal return.

No, you cannot claim your spouse as a dependent.  But you can file a joint return--almost always the best way to file if you are married.

If you were legally married at the end of 2019 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $24,400 (+$1300 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit.

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

[xmasbaby0]

This is why you need to understand what your spouse receives--Social Security benefits are not the same thing as SSI--although many people confuse the two and use the terms incorrectly.

https://www.ssa.gov/ssi/text-over-ussi.htm

[LL10]

It is definitely SSI.  He has been on SSI and Medicaid for medical.  

[xmasbaby0]

Then SSI is not entered on your joint return.  You should still file a joint return so that you get the married filing jointly standard deduction.

[Fancydontgo]

I have a question regarding this also. I get SSI and my husband gets SSDI. TurboTax instructed us to file as married even though we are separated just not divorced yet so we did because my SSI goes to a direct deposit card that has no routing number or account number. Now I'm being told that when people SSDI or SSI file that it's locking down our information and that now we may not see any money until August or so. Has anybody heard anything about this?

[Stinkerbellkity]

I can't imagine who would be telling you that.  If your Social Security, disability or otherwise is automatically deposited to a bank, the same account will be used for your stimulus.  These checks will be deposited starting in 2 or 3 weeks.

[Fancydontgo]

It was somebody who works for Direct Express which is the card that a lot of people use for their SSI or Social Security direct deposit. It was TurboTax that said we needed to file married because originally they said they did not know if they would be able to deposit on to Direct Express or not which makes no sense to me. So when we did it through TurboTax we had to enter in my husband's account number where he gets his SSDI so that's different information than it is with mine

[DaveF1006]

Yes, at some point you will receive your stimulus payment.  Select https://www.irs.gov/coronavirus/economic-impact-payments  and select the get my payment option to review your refund status. Keep checking back in this site to review your payment status because the IRS has not activated this feature yet as of today. It will be deposited to your husband's account.