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gnome
Level 1

Married couple. Spouse is a student in a different state. Should we file separately?

I live and work in NY and my spouse is a student in CT and does not have any income. We are both non-residents but qualify as resident aliens. We were married in June 2019. Should we file separately? Or is it more beneficial to file federal together and states separately? I have W2 form and my spouse has the 1089-T form to file.

5 Replies
gnome
Level 1

Married couple. Spouse is a student in a different state. Should we file separately?

Correction, I meant 1098-T form.

RobertG
Expert Alumni

Married couple. Spouse is a student in a different state. Should we file separately?

You are better off filing jointly if you have a 1098-T.

 

Per IRS Publication 970 Tax Benefits for Education: You cannot claim the American Opportunity Credit, the Lifetime Learning Credit, or the Tuition and Fees deduction if your filing status is married filing separately.

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gnome
Level 1

Married couple. Spouse is a student in a different state. Should we file separately?

Thanks for the reply! So would it be better to file jointly for federal and separately for states? 

 

I actually tried uploading the 1098-T and it did not work as a deduction, rather the federal and state refunds were much more reduced. What would be the reason? My spouse received a partial scholarship, wondering if that could be one of the reasons? Thanks in advance.

jsheppard24
New Member

Married couple. Spouse is a student in a different state. Should we file separately?

My wife has changed her mined an does not want to file a Tax return with me. I believe their is a by Polar issues  with her and she continues to change mine with filing status in effort to cause me trouble.  I need to update my filing status Head of Hold. She does not work but I do. Her attitude is that what me to pay more taxes. 

I need to start the tax filing for 2019 over again. She sign the state taxes and just the other day she tell me she will not sign the federal taxes for mailing. She called the IRS and got a tax pen ID.  She has having a lot mental problems. 

Please call with what I need to do. 

 

Julius 

 

[phone number removed]

Hal_Al
Level 15

Married couple. Spouse is a student in a different state. Should we file separately?

Q. I actually tried uploading the 1098-T and it did not work as a deduction, rather the federal and state refunds were much more reduced. What would be the reason? My spouse received a partial scholarship, wondering if that could be one of the reasons? Thanks in advance.

A. Yes, If the scholarship amount in box 5 of the 1098-T is more than the amount in box 1, the difference is considered taxable income unless you have other qualified expenses to off set (e.g. books).

 

Q.  I need to update my filing status Head of Hold?

A.  if you are legally married, you may not use Single filing status. You may not use Head of Household filing status unless you have a related dependent, usually a child. A spouse and yourself do not count as dependents.  You also must of lived apart from your spouse for the entire 2nd half of 2019.

 

If your spouse refuses to file Married Filing Jointly, your only choice is Married Filing Separately

 

 

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