My husband and I have a "taxable marital status: single" we have been married since 2013 and filing separately. This year, we would like to file joint. Can we file joint?

[sam-e-lester]

My husband is freaking out saying we can't file together, even though we have been married since 2013. I am 99% sure we can file "married: joint" instead of separately. Is there anything I need to change with my employer? Thanks SOOO MUCH!

[DanielV01 · Accepted solution]

Yes, you may file a joint return.  If you were married on December 31, 2016, this is a legal filing status.  The status with the employer only tells them how much tax to take out and does not force you to choose one filing status over another.  In fact, many married couples have found that taking taxes out as if they were single helps them on their tax return, especially if they both have income.

More often than not, a joint return produces better benefits than a married filing separate return.  Please see this FAQ for more information:  https://ttlc.intuit.com/replies/3288477

If you find out that filing joint works out significantly better this year, you may also amend your prior returns for 2013, 2014, and 2015.  Here is an FAQ which will direct you to the instructions you would need to do this if it is beneficial to do so:  https://ttlc.intuit.com/replies/3288565

[fanfare]

You must be looking at your W-2 or W-4.

If you tell your employer to withhold Single you will get a larger refund .

You should file amendments for prior years; you've been overpaying tax.

You can file back three years. The 2013 window will close in April.