Spouse filed single but we are married

Forum|Forum|7 years ago
June 6, 2019
2 replies
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Unknown to me, my spouse had already filed and received the refund. He filed single but We have always had separate addresses as we never changed them but we were married more than half of 2017, we have no children, do not own a home, and we were not legally separated. If I file properly and file married filed separately, can I get in trouble that he filed the wrong way? Or am I OK since I would be doing it properly?

S

SweetieJean

Employee

Why file separately? He can amend his return to file Married Joint.

M

michellehomebiz

He will need to amend. You both need to decide which is more beneficial, married filing jointly, or married filing separately.

Generally, filing jointly will give you a bigger refund or less taxes due. When you file separately, your tax rate is higher and you won't be able to claim a number of deductions and credits:

See Is it better for a married couple to file jointly or separately?

If you were married at the end of 2017 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 each receive the $4050 personal exemption, plus the married filing jointly standard deduction of $12,700 (add $1250 for each spouse over the age of 65). 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.

A

Anonymous

MFS is the worst, MFJ is the best option but there has been a lot of hidden information like the tax filing and as I have told him to amend I do not think he will. I have called our tax agent but of course they cannot discuss his taxes. If he does not amend and I correctly file MFS for myself I hope I would be okay.