Help

[Angelica2]

I got married back in 2011,me and my husband have never claimed married on our forms even when we file we claim single, but now I'm not working anymore and he is. Can he claim me next year? 

[SharonD007]

No, your spouse can never claim you as a dependent.  Your options are Married Filing Jointly (MFJ) or Married Filing Separately (MFS). If you file separately and if you live in a community property state, there are rules about allocating income that you must adhere to.

You get more room for tax breaks when you file MFJ and lower tax rates.

For additional information, review the TurboTax articles Should You and Your Spouse File Jointly or Separately? and  Married Filing Separately in community property states

[xmasbaby0]

So you have been filing incorrect tax returns for years----and you are not asking what you should be doing to fix that?   If you were legally married, your filing choices were married filing jointly or married filing separately.  Filing single was not a legal option.   You can amend for at least the last three years to fix the past few years and change to either joint or married filing separately.   For your next tax return---a spouse can never be claimed as a dependent.   It is better to file a joint return to get the married filing jointly higher standard deduction.  For 2025 that amount will be $30,000 + $1600 for each spouse 65 or older or legally blind.

If you were legally married at the end of 2024 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 $29,200 (+ $1550 for each spouse 65 or older)  for 2024. 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 since with online, you get one return per fee.

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

https://ttlc.intuit.com/turbotax-support/en-us/help-article/income/getting-married-mean-taxes/L2Rgma...

https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/married-filing-separately-commu...

See this TurboTax support FAQ for amending a tax return -

CURRENT YEAR

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-return/amend-federal-tax-return-curr...

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-return/amend-change-correct-return-a... 

Do not expect quick results from amending. It can take four months or more for the IRS to process an amended return.  

You can watch for information here:

https://www.irs.gov/Filing/Individuals/Amended-Returns-(Form-1040-X)/Wheres-My-Amended-Return-1

[Angelica2]

Well he has changed his w2 status from single to  married filing jointly. Will that be ok since we never filed married filing jointly? Or should he go back to single status?

[xmasbaby0]

The W-4 he gives to his employer only tells the employer how much tax to withhold from his paychecks.  That form does not go to the IRS and does not dictate how you have to file your tax return.    His tax withholding will be different.  What is important is to file correctly using the correct filing status.   You have both been making big mistakes by filing as single.  Whether it has been to your advantage financially, whether you have "double dipped" by using the same itemized deductions,  or whether you have kind of shot yourselves in the foot many times is impossible to know since we have no idea what kind of income you have had or if you have missed out on child-related credits, etc.

[Angelica2]

Well I can inform you that I haven't "doubled dipped", because even filing single We have to pay back a lot amounts. what we need to do, because I have been told to keep it as single status because the IRS is not aware of us being married. 

[rjs]

@Angelica2 

It looks like you have been getting some bad advice. I suggest that you consult a local tax professional to discuss what you should do about the incorrect tax returns that you have filed for past years. Bring copies of your past tax returns, yours and your husband's, when you meet with the tax professional.

From now on file as either married filing jointly or married filing separately.

[VolvoGirl]

@Angelica2   Let’s start over.   Sounds like you each were claiming Single at work on the W4 for withholding.   That’s ok.

How have you been filing your 1040 tax return each April?   Did you file a Married Joint return or each file as Married filing Separate or each file as Single?

I think you are asking about giving his work a new W4 to change his withholding?  

[xmasbaby0]

@Angelica2 Are you only asking about the W-4 given to employers?   How have you been filing your actual tax returns?   Have your tax returns ---Form 1040--- been filed as a married couple?   What filing status is shown on your 2024 Form 1040?   Did each of you file a tax return?  Or did you file one tax return for your combined income?

[Angelica2]

Our W4, We both been filling single and even when we file 1040, I spoke to a tax advisor that did my taxes last year and he told me that since we haven't been filling married at all just single that we needed to keep filling single because IRS is unaware of us being married but I'm not longer working. So my question is because I'm no longer working  I stopped working back in June of 2024. can my husband change status from single to married filing jointly on his W4 and the file the same on 1040 from 2025?

[Angelica2]

Ok, I will make sure that we file 2025 1040 as married filing jointly. Thank you and I will seek a tax professional because the tax advisor that did my taxes last year told me to continue filling single. I will find a way to fix this 

[xmasbaby0]

"Our W4, We both been filling single and even when we file 1040,"

So---really----ever since you got married in 2011 you have both been filing your own tax returns and telling the IRS you were single?    And some "advisor" said since you have been filing incorrect returns for years you should just keep filing incorrectly?   You need a better tax advisor.

[SharonD007]

Yes, you should file Married Filing Jointly, not single.  The W-4 form is used to provide information to your employer so that they can determine how much to withhold from your paychecks. If you put that you're married, and that only one of you work, that impacts how much taxes are withheld.

You can calculate how much you should have withheld by using the TurboTax W-4 Calculator 2024. The W-4 form is used to provide information to your employer so that they can determine how much to withhold from your paychecks.

Refer to the TurboTax Blog Understanding Your Withholding Allowance on Your Form W-4 and What Is a W-4 Form? for more information.

[Angelica2]

Yes, that is correct. Don't get me wrong we have had to pay into. Like for 2024 I owe $813.00 and husband owes $1,921. It's not like we are getting money back. You're right I do need a better tax advisor. I just don't know what to from here on out!  Someone just told from here on out to file married filing jointly so I will do that for 2025. Any advice 

[xmasbaby0]

@Angelica2 Try something----use one of your 2024 returns --either one-- and amend it to a joint return.  

Combine all of your income from both of you on that one form.  See if you come out with a refund or owing more.   If it shows a refund---file it.   

See this TurboTax support FAQ for amending a tax return -

CURRENT YEAR

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-return/amend-federal-tax-return-curr...