How to File tax Return Married Filling Jointly
For the majority of married couples the Married Filing Joint status is more tax advantageous. However, there are good reasons when you should use the Married Filing Separate filing status as it might be more beneficial to your specific tax situation.
When filing married filing jointly, both spouses report their income, tax deductions, and tax credits on the same tax return. Both parties are responsible for each other's tax liability. Therefore, if you choose to file as married filing jointly your spouse will be responsible for any tax, penalties, and interest that arises from that joint tax return, even if you reported no income on the return.
Benefits of Married Filing Jointly:
If you and your spouse file as married filing jointly, your tax may be lower than your combined tax would be for married filing separately, or you may receive a bigger tax refund. Your standard deduction may be higher and you may qualify for other tax benefits that do not apply to the other filing statuses. See the tax rates and standard deduction for Married Filing Jointly.
In most cases, it is more tax advantageous for a married couple to file a joint tax return than a married filing separate return. However, this is not always the case.
Who Can File as Married Filing Jointly?
If you are married, you and your spouse can agree to file a joint tax return. You can file a joint tax return with your spouse even if one of you had no income.
- You can use the Married Filing Jointly filing status if BOTH of the following statements are true:
- You were married on the last day of the tax year.
- You and your spouse both agree to file a joint tax return.
If one spouse is a nonresident alien (or dual-status alien married to a U.S. citizen or resident alien) on December 31, you can choose to file a joint return. If a joint return is filed, the nonresident spouse will be treated as U.S. resident for the entire Tax Year.
Legally married same-sex couples are required to file as either Married Filing Jointly or as Married Filing Separately, just as opposite-sex married couples are required to do. Due to a Treasury Department ruling on August 29, 2013, same-sex couples that have been legally married must file as Married Filing Jointly or as Married Filing Separately on their federal tax return(s). They must use one of these filing statuses on their federal returns regardless of the state where they reside, as long as they were legally wed in a state (or the District of Columbia, a U.S. territory, or even a foreign country) where same-sex marriage is legal.
How Marital Status Determines Tax Filing Status:
Your marriage status for tax purposes is determined by your marriage status on the last day of the Tax Year. If you were married on December 31, then you are considered to have been married all year. If you were divorced or legally separated (according to state law) on or before December 31, then you are considered unmarried for the entire year and you cannot use either married filing status: Married Filing Jointly or Married Filing Separately. This is true even if you were married for most of the year. If you filed a joint return while married, and were then divorced, you are still responsible for any tax liability from the joint return.
If, at the end of the Tax Year (December 31) you were not divorced or legally separated, you are considered unmarried if all of the following apply:
- You lived apart from your spouse for the last 6 months of the Tax Year. (Temporary absences e.g. business, medical care, school, or military service does not count as lived apart).
- You file a separate tax return from your spouse.
- You paid over half the cost of keeping up your home during the Tax Year.
- Your home was the main home of your child, stepchild, or foster child for more than half of the Tax Year.
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(Article sources from: https://www.efile.com/married-filing-jointly-tax-filing-status/)
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