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I am getting married on December 27, 2019. Do I have to file as married if I don't turn in the marriage license until January 2020?

 
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I am getting married on December 27, 2019. Do I have to file as married if I don't turn in the marriage license until January 2020?

JOINT vs. SEPARATE RETURNS 2018 and beyond

 

If you are legally married at the end of 2019 your filing choices for 2019 are married filing jointly or married filing separately.  It is not about when you  "turn in" the marriage license.

 

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...

 

Best Wishes!

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

I am getting married on December 27, 2019. Do I have to file as married if I don't turn in the marriage license until January 2020?

That is a legal question that you should ask your attorney.  We cannot give legal advice. It depends on the laws of the state that you got married in whether the marriage is a legal marriage the instant you are pronounced married or the day that the marriage is registered with the county or state.    State law determines that so ask an attorney.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
Carl
Level 15

I am getting married on December 27, 2019. Do I have to file as married if I don't turn in the marriage license until January 2020?

Do I have to file as married if I don't turn in the marriage license until January 2020?

Short answer is YES. When you turn in the paperwork is irrelevant. If you are legally married on Dec 31 of the tax year, then you only have two choices.

 - Married filing separate

 - Married filing joint.

Having been married on Dec 27, there are no exceptions that could possibly apply to you. Just understand that if you file as Married Filing Separate, you will both "automatically" disqualify for a number of deductions and credits you get if you file joint. One example is, if you are married and file separate and once of you is a college student, then you don't get to take "any" education credits or deductions.

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