Can I file married filing jointly but on two separate returns?

[jasmine-harwell]

This is my husband and I's first time doing our taxes as married filing jointly but our income together is over the limit to get EIC. I didn't work much throughout the year so I  took off my husband's's income and just filed myself and our two kids and got way more money.  So can my husband do a separate return, file married jointly and just put his income and no dependents? 

[MinhT]

If you file jointly, you report all income from both spouses on the same return. If you file separately, you are not eligible for the Earned Income credit and other tax credits.

https://ttlc.intuit.com/replies/3288477

[jasmine-harwell]

So there's no way to get the EIC then? Will we get in trouble if we do two returns?

[MinhT]

You will get in trouble if you file Single while married. If you file Married filing Separately, you will not get the EIC. In your case, there is no way to get the EIC if your combined income is above the EIC limits.

[jasmine-harwell]

Even if my husband uses a separate TT account? Can he do married filing separately then?

[MinhT]

If he files MFS, he will not get the EIC.

[jasmine-harwell]

Gotcha. But I will get it correct?

[MinhT]

The same applies to you. You cannot file Single. And if you file MFS, you will not get the EIC.

[jasmine-harwell]

I know. So can I still file MFJ?

[MinhT]

Yes, this is your best solution.

[jasmine-harwell]

And then he can file MFS? Just trying to clarify

[MinhT]

If you file jointly, this means that both spouses file jointly on the same tax return.

[jasmine-harwell]

Ok

[VolvoGirl]

So how did you already file?  Did you file as Joint?  Did you already submit your return?   Then you need to amend your return to include his income.  Joint is one return combined for the both of you.

[jasmine-harwell]

I didn't submit it. I was just trying to see if there was way I can get the EIC but I guess not