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If we are married and live together - we are just filing our taxes Married filing separate - do I still need IRS Form 8332

 
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If we are married and live together - we are just filing our taxes Married filing separate - do I still need IRS Form 8332

No, you do not use 8332 if you are living together and just filing MFS.   That form is used for divorced or never married parents who live apart and share custody.

 

But.....why are you filing separate returns and possibly be giving up child-related credits you could be getting?Married filing separately is usually the worst way to file.

 

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://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.**

If we are married and live together - we are just filing our taxes Married filing separate - do I still need IRS Form 8332

No 8332 since the child lives with both of you. But why MFS? That's generally the worst way to file. Certain tax credits are lost. Both must either use the standard deduction or itemize. there are other downsides to MFS. 

to determine what MFS may be costing you., 3 returns would need to be prepared  - one MFS for each of you and a joint return.

 

 

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