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lyc417170
New Member

I chose to file jointly with my spouse. But now I regret and want to file seperately. I haven't sent the result. How can I undo and restart?

 
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6 Replies

I chose to file jointly with my spouse. But now I regret and want to file seperately. I haven't sent the result. How can I undo and restart?

In most cases when you are married the best way to file a tax return is Married Filing Jointly.

Filing as Married Filing Separately is the worst way to fil when married.

 

See this TurboTax support for filing jointly versus separately - https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/better-married-couple-file-join...

 

See this TurboTax support FAQ for how to switch from filing jointly to filing separately - https://ttlc.intuit.com/turbotax-support/en-us/help-article/small-business-processes/switch-filing-j...

I chose to file jointly with my spouse. But now I regret and want to file seperately. I haven't sent the result. How can I undo and restart?

If you already e-filed and the return has been processed by the IRS, it is too late to amend and change to separate returns.  The IRS does not allow you to amend and switch from filing jointly to filing separately after the April 15 filing deadline.

 

If you mean you have not e-filed and are still preparing the return, then you are going to need to prepare not one but TWO tax returns---one for each spouse.  So you will each need your own account and user ID.  

 

For each return you have to answer the question of whether you were married in 2023, and when it asks if you want to file together with your spouse you will answer NO to that.   You still have to enter each other's names and SSN's on your returns, and you will have to follow all the rules for filing married filing separately.  That includes that both of you have to use standard deduction or both use itemized deductions.  It cannot be one of each.

 

Why do you want to file separate returns?  That is usually the worst way to file.

 

If you were legally married at the end of 2023 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 $27,700 (+$1500 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 since with online, you get one return per fee.

 

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...

 

**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 chose to file jointly with my spouse. But now I regret and want to file seperately. I haven't sent the result. How can I undo and restart?

@lyc417170 96% of married couples file Joint.  It is highly unlikely that it would be financially beneficial to file Separate.  

 

to me that last 4% either doesn't trust each other enough to sign the same tax return or are just naive to the ramifications.

 

Critically, you two must both itemize or both take the standard deduction.

 

the further apart your two incomes are from each other, the worse the tax bite will be.  Further, if either of you are on social security (and assuming you live together), automatically, 85% of the social security income is taxable. these are just a few of the ramifications of filing Separate. 

 

what is driving you to this decision?

 

You might want to test which way you are better off financially using this website. Run your income through this web site three times a) Joint b) you file Separate, c) Spouse files Separate. then compare a) to the sum of b) and c) 

 

https://www.dinkytown.net/taxes.html

 

 

lyc417170
New Member

I chose to file jointly with my spouse. But now I regret and want to file seperately. I haven't sent the result. How can I undo and restart?

It's a little bit complicated. My spouse is a foreigner who hasn't even get her green card. We just married last July so she has no SSN nor tax id. I will have to wait too long for her to get one.

I chose to file jointly with my spouse. But now I regret and want to file seperately. I haven't sent the result. How can I undo and restart?

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-credits-deductions/file-taxes-spouse...

**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 chose to file jointly with my spouse. But now I regret and want to file seperately. I haven't sent the result. How can I undo and restart?

@lyc417170 then in that case, you can either

 

1) file JOINT and income your spouse's foreign income on the tax return.  You don't have to wait for the tax ID and form W-7 is submitted along with the tax return and you must paper file.  Turbo Tax doesn't support form W-7.

 

https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-forms/file-w-7/L2zcFtqtn_US_en_US?ui...

 

2) file SEPARATE and exclude your spouse's foreign income.  

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