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What are the qualifications for fileing income tax jointly?

 
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What are the qualifications for fileing income tax jointly?

Only that you are married on Dec 31, 2024.  

What are the qualifications for fileing income tax jointly?

You have to be legally married as of 12/31/2024 for a 2024 tax return.

 

Or if you live in a community property state you have to have been presenting yourselves as married to each other.

JamesG1
Employee Tax Expert

What are the qualifications for fileing income tax jointly?

IRS Publication 17, page 17 states:

 

You can choose married filing jointly as your filing status if you are considered married and both you and your spouse agree to file a joint return. On a joint return, you and your spouse report your combined income and deduct your combined allowable expenses. You can file a joint return even if one of you had no income or deductions.

 

IRS Publication 17, page 22 states:

 

You are considered married for the whole year if, on the last day of your tax year, you and your spouse meet any one of the following tests. 

 

  • You are married and living together.
  • You are living together in a common law marriage recognized in the state where you now live or in the state where the common law marriage began. 
  • You are married and living apart, but not legally separated under a decree of divorce or separate maintenance. 
  • You are separated under an interlocutory (not final) decree of divorce.

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