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My husband and I live together and both of our sons live with us. How do I answer if I’m giving up my right to claim them? Can we not both claim them? We are going to try filing separately

 
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2 Replies

My husband and I live together and both of our sons live with us. How do I answer if I’m giving up my right to claim them? Can we not both claim them? We are going to try filing separately

Why are you filing separate?  

 

Unless you have a specific reason to file separate returns,
It is usually better to file Joint. Joint has the lowest tax rates and the highest Standard Deduction. And if you are in a Community Property state MFS gets tricky to figure out. Here's some things to consider about filing separately……

 

In the first place you each have to file a separate return, so that's two returns. And if you are using the Online version that means using 2 accounts and paying the fees twice.

 

Many people think they come out better when filing Married Filing Separate but they are probably doing it wrong. If one person itemizes deductions then the other one must itemize too, even if it's less than the standard deduction, even if it is ZERO!

 

And there are several credits you can't take when filing separately, like the
EITC Earned Income Tax Credit
Child Care Credit
Educational Deductions and Credits

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-...

TomD8
Level 15

My husband and I live together and both of our sons live with us. How do I answer if I’m giving up my right to claim them? Can we not both claim them? We are going to try filing separately

But if you decide to file separately despite @VolvoGirl 's information, you cannot each claim the same child.  A given dependent can only be claimed once.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
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