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posted Apr 14, 2023 10:36:21 AM

If I filed married jointly less than 24 hours ago, what is the best way to see if I need to change that to married filing separate?

I was married October 29th, 2022. My husband's income disqualifies me from the marketplace health plan I had in the months prior to marriage, so by filing jointly we had to pay all of that back. Should I change it?

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2 Replies
Level 15
Apr 14, 2023 11:14:01 AM

You are not allowed to amend from filing jointly to filing separate returns after the filing deadline on April 18, 2023---the IRS does not allow it.  So----compare and decide soon.

 

It is not easy to compare MFJ to MFS using online TT but you can do it.  Since you only get one return for each account and user ID, you have to use 3 accounts and user ID’s—one for MFJ and two for each of the MFS returns.  Compare, choose, and file—and pay—accordingly.

 

 

It is much easier to do this comparison using the desktop version of TT installed from a CD or downloaded to your own computer.  You pay once for the software and you can prepare multiple returns easily, and it has a “what if” feature that allows comparisons.

 

You have to follow all the rules if you want an accurate comparison.   That means if one of you itemizes---you both itemize.  Or you both have to use standard deduction.

If you were legally married at the end of 2022 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 $25,900 (+$1400 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-separately

 

 

 

 

Employee Tax Expert
Apr 14, 2023 11:21:20 AM

Maybe. MFS disallows other credits.  A few minutes to go through the IRS quick filing status quiz for your federal return would be your best option. You may want to read this post.

 

If you decide to amend your return to MFS, you must wait until the original return is completely settled.  See IRS: Topic No. 308 Amended Returns - Internal Revenue Service.

 

Save a copy of the original return before doing an amended return. See: 

Track amended return status online. Taxpayers can track the status of their amended tax return in English and Spanish using Where’s My Amended Return?