First time filer

[Yenalga]

Hello,

I am married, have two kids , and am a first time filer. My husband and I are new and didn't know a lot about the difference b/t filing separately or jointly. He has filled as married separately in his 2021 tax return and got already a refund. When I file, is it possible to amend his tax return so that we file as married jointly. Please advise. Thanks!

[Bsch4477]

Yes, wait for his return to be processed and any tax liability settled before amending that return to file jointly. Unfortunately, amended returns take many months to process. 

[xmasbaby0]

Yes that is possible and will probably be better for you.   His return is the one that must be amended and changed to a joint return.   So all of your income will need to be included on that amended return.

https://ttlc.intuit.com/questions/1899507-how-do-i-amend-a-separate-return-to-married-filing-jointly

https://ttlc.intuit.com/community/tax-return/help/how-do-i-amend-my-2021-return/00/2544441

On all of the income entry screens there will be spots with each spouse's name---make sure you look for that.

If you were legally married at the end of 2021 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 $25,100 (+$1350 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-separ...

[DawnC]

Yes!  You have ​three years​ from the due date of the first return you filed separately to switch to a joint return. Change your filing status by filing form 1040X and submitting an amended return.   However, be aware, that you will need to file by mail as his social security number has already been e-filed.  

[Yenalga]

Thank you so much for your swift response. I have already started filling jointly. I am filling in my and my husband's information via Turbotax. My husband had filled separately via another system (via EZtax), he is planning to amend it (change to Married Filing Jointly) tonight or tomorrow from his end. I hope we are not violating if I keep on filing and submitting mine. Thanks!

[RobertB4444]

@Yenalga  You can't file a married filing joint return if your husband has already filed a married filing separate return.  You will have to amend his return and add you and your information to it and then file that.  Your married filing joint return will be rejected if you file it without the amendment pages.