Your choices for both of you are Married filing Joint or Married filing Separate. Take note:
= If you file MFS, then you will "BOTH" lose out on deductions and credits you would otherwise qualify for if you filed joint. No education credits, child care credits and a whole bunch of other stuff neither of you get.
- If you file MFS and one of you itemizes deductions, then you must "BOTH" itemize deductions - even if the itemized deductions of one of you is ZERO. LIkewise, if one of you takes the standard deduction, then you must BOTH take the standard deduction - even if itemized deductions is higher for one of you.
- If you file MFS then you are BOTH required by federal law to provide the other your SSN. THis is so the IRS can confirm that you both either itemize or take the standard deduction. If one of you does not provide the other your SSN, then *BOTH* of you will be audited 24-36 months after filing. Additionally, when filing MFS if you don't have the other's SSN on your tax return, you can NOT e-file. You will have to print, sign and mail your return to the IRS.
- If filing MFS for 2019, and you filed joint for 2018, then you both will have the same 2018 AGI number. This number is required for e-filing successfully.
- If filing MFS and one of you has the 2018 joint return and refuses to provide a full and complete copy of it to the other upon request, you will $PAY$ for that big time - and not only with the IRS if the "other" has a knowledgeable lawyer.
- If there are children involved and you file MFS, only one of you can claim the child. If more than one child you can split them however you like. But each child can only be claimed as a dependent on *ONE* tax return. There are more requirements too that determine who can *legally* claim the child(ren) as their dependents. So if kids are involved, you need to let that be known so we can provide you that additional information.
