Do married couples have to file taxes jointly

If, however, the state does not recognize the legality of same-sex marriages, then you will not be able to file a joint return with the state. In this case, each of you will need to file as single , or one of you can file as Head of Household , if you meet the requirements. If the couple was legally married in a year prior to , but did not file as married for that year, they may file an amended return to change their filing status, until the statute of limitations expires.

You can file an amended return to the IRS and or State. Be aware, if you expect a tax refund for any given tax year and you did not file a return by the initial deadline , you have 3 years after the initial deadline to file a tax return and be able to claim your tax refund.

After three years, your tax refund will expire. 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:.

If a spouse died during and the surviving spouse did not remarry in , or if a spouse died in before filing a Tax Return, the surviving spouse can file as married filing joint. A joint return needs to show the income of the deceased spouse prior to death and all income of the surviving spouse. For the next two years, you may be able to file as a Qualifying Widow or Widower with a dependent child.

If you file as married filing jointly with your spouse, you cannot file a tax amendment with the married filing separately status after the filing deadline has passed. That is a good reason to eFile your return early. If you file before the deadline, you can amend your joint return to separate returns up until the day of the tax day deadline. There is an exception in the case of a deceased spouse. A representative for the decedent can amend a joint return as filed by the surviving spouse to a separate return for the decedent for up to 1 year after the due date of the return, including any tax extension that was filed.

You can always file separately. Basically, our rule of thumb is this: File separately when it saves you money. But there are some circumstances in which this is the case, like these:. If your spouse has intentionally reported false numbers, the IRS will see you as a partner in crime. If you or your spouse had medical bills last year, you may be able to deduct some of it. How much you can deduct depends on how much money you make.

Basically, the more income you make, the less you can deduct from your medical expenses. So if your spouse makes a lot more than you do and you file jointly, your medical deduction will be a lot less than if you file separately. Figuring out which way works best can be mathematically intense. Most tax filers can substantially lower their taxable income with that. Tax credits are like gift cards from the IRS—they apply to your final tax bill and reduce it dollar-per-dollar.

Call it a late wedding present or an anniversary gift , but the IRS gives more tax credits to married couples filing jointly than to couples filing separately.

Now, just to be clear: You can get these credits if your filing status is married filing jointly, single or head of household. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Talk to a Lawyer. Grow Your Legal Practice. Meet the Editors. Which is better for married couples--a joint or separate tax filing? It depends. Married Filing Jointly A joint return is a single return for a husband and wife that combines their incomes, exemptions, credits, and deductions.

You are considered married for tax purposes for the entire year if, by December you are married and living together you are living together in a common law marriage recognized in the state where you 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, or you are separated under an interlocutory not final decree of divorce.

For purposes of filing a joint return, you are not considered divorced. Married Filing Separately If you're married, you always have the option to file your taxes separately. There are several disadvantages to filing separately that you need to be aware of, however, because these can easily outweigh any potential benefits: You cannot take various tax credits, such as the Hope or Lifetime Learning education credits, earned income tax credit, and, in most cases, the credit for child and dependent care expenses.

You cannot take the deduction for student loan interest, or the tuition and fees deduction. You cannot exclude from your income any interest income from qualified U. The following credits and deductions are reduced at income levels that are half of those for a joint return: child tax credit, retirement savings contributions credit and itemized deductions.

You may not be able to deduct all or part of your contributions to a traditional IRA if you or your spouse was covered by an employee retirement plan at work during the year. If you own and actively manage rental real estate, it will be more difficult for you to deduct any losses you incur.

A significant change is to the financial penalty levied for not maintaining a minimum level of health coverage. If you have questions, you can connect live via one-way video to a TurboTax tax expert or CPA with an average of 12 years of experience to get your tax questions answered. Tax Brackets. These are the tax rates for married couples filing jointly.