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Level 2
January 25, 2023
Question

married filing

  • January 25, 2023
  • 2 replies
  • 3 views

Should my husband and I be filing our taxes together... what will yield best tax return amount?

 

We rent an apartment, and I typically have very simple taxes - nothing to claim or write off. I always get money back overall. He is in sales, so he typically owes.

2 replies

Level 15
January 25, 2023

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

**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.**
mere18Author
Level 2
January 25, 2023

Thanks -  yes legally married as of 2021. Filed separately last year but this year we were questioning it.

 

I don't believe we qualify for any of the credits (earned income credit, education credits, adoption credits, or deductions for student loan interest) anyway - not a tax person, I'm sure of all but earned income credit but I don't think so. 

 

Would joint filing still make most sense, most likely?

VolvoGirl
Level 15
January 25, 2023

It should be better to file Joint.  You would have to compare all the returns.  

To compare Joint to MFS.  If you are using the Online version, do NOT change anything on your return.  You would have to start with a new account and do a test return.  You don't have to pay unless you want to print it out.  So you might need 3 accounts, one for Joint and two MFS, one for each spouse.

 

How to Compare Joint to Married Filing Separately

https://ttlc.intuit.com/community/married/help/how-can-we-compare-married-filing-jointly-with-married-filing-separately/00/26551

 

And what state are you in?  That can make a difference.  

Many people think they come out better when filing Married Filing Separate but they are probably doing it wrong.  If one person itemizes deductions on Schedule A then the other one must itemize too, even if it's less than the standard deduction, even if it is ZERO!  And if you are in a Community Property state it can be complicated to figure out.

 

And contributions to IRA and ROTH IRA are limited when you file MFS.

 

Also if you file Married Filing Separately up to 85`% of your Social Security becomes taxable right away even with zero other income.

 

See …….

https://ttlc.intuit.com/community/married/help/is-it-better-for-a-married-couple-to-file-jointly-or-separately/00/25590

 

 

CatinaT1
Level 15
January 25, 2023

It is almost always better to file jointly.  There are some special circumstances where it is better to file separately. 

 

Here is a great article explaining the advantages of filing jointly and the consequences of filing separately.  It also gives you some instances when it might be better to file separately. 

Filing Jointly vs Separately 

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