So you got married. Now what? Easy there, this isn’t that type of article. We will keep our marriage advice and recommendations strictly to the tax realm
But seriously though, I’m sure, right at the top of your concerns is how getting married will impact your taxes. The first thing is that you can’t file as single status anymore. If you are married on December 31st, you have to file with one of the married status designations – jointly or separately. What’s the difference you ask? With a married filing jointly (MFJ) status, you file one return together, reporting both of yours and your spouse’s income and deductions together. Under married filing separately (MFS), you will each file a separate return, reporting your share of income and deductions on your own separate returns.
Next Question: why does it matter? There are a couple of different reasons why it matters. MFJ filing status generally has better tax rates across the board than MFS. If you are looking at only tax savings, MFJ is almost always the way to go because you will pay less combined tax. If you take a look at the tax brackets and how they increase as income increases, MFJ gets broader tax brackets that go up more slowly than MFS. MFJ also gets a higher standard deduction than you would get as MFS. MFS also has to choose the same deduction method – standard or itemized- regardless of which one works best for each taxpayer.
So why would someone choose MFS then? It is usually for a reason that falls outside pure dollars and cents. When you file MFJ, both you and your spouse are liable for the full tax obligation and what is reported on the return. It isn’t split 50/50, you both are legally required to be sure the full amount is paid. If there is potential fraud on the return, both taxpayer and spouse can be liable. Maybe that isn’t what you want. Sometimes, taxpayers will choose to file separately for student loan repayment reasons to keep payments lower based on income. If one spouse had significant medical expenses, it could make sense to file separately if that spouse would have a lower AGI, allowing more of those medical expenses to be deducted since expenses have to be over 7.5% of your AGI. MFS is often a good option for spouses who are going through a divorce that is not finalized yet. It largely allows each spouse to file a return mostly independent of the other.
This choice can also be important for how it impacts many of the tax credit we discussed in our last installment. Do a quick dive HERE . In general, the earned income credit is eliminated for MFS taxpayers, since all income could in theory be on one spouse’s return while one taxpayer reports below poverty level income. The Child and Dependent Care Credit is also virtually eliminated with a few narrow exceptions. Education credits and Adoption credits are also largely disallowed
So, think carefully when choosing to file separately if you are married. The tax man can bite you.
Here are some real like examples of when married filing separately might make sense: One Spouse has significant medical expenses – perhaps one taxpayer is undergoing cancer treatments and has significant out-of-pocket medical expenses of $25,000+ but has low taxable income from being unable to work. Since medical expenses are an itemized deduction and only expenses in excess of 7.5% of AGI qualify, this might be a place where married filing separately makes sense, to maximize itemized deductions.
You want to keep tax liability legally separate: Perhaps one spouse owes significant back taxes, has defaulted on student loans, or has a tax lien. Filing separately allows the spouse of the taxpayer to maintain separate legal liability and protect her/his refund from the IRS. If the couple were to file jointly, the IRS would claim any refund entitled to the spouse to satisfy the outstanding debts.
So, how do you change your filing status? If you are going from joint to separate, you can simply file 2 separate tax returns reporting each share of your income and deductions. You split any items that are reported jointly, in most cases. You will also need to both choose the same deduction method as mentioned earlier – either you both take the standard deduction or you both itemize your deductions. If you are going from separate to joint status, you file one return, check the MFJ box and report all of your income and deductions together on one return. To go back and change prior years, you have to file amended tax returns. Generally, you can go back and amend from MFS and change to a joint return, however, you are not permitted to amend a joint return and change to MFS once the due date of the original return has passed.
In conclusion choosing how you will file your tax returns is an important decision that can make a major financial difference but at the same time, can also expose you to risks, depending on your circumstances. As a general rule, married filing jointly produces a better tax result but there could be other financial and legal factors that may drive your decision to file separately. As usual, this is a blog and not tax advice. If you have questions about what filing status makes the most sense for you, consult a tax professional who is experienced in these conversations. They will be able to help you weigh the various factors and put to numbers to paper regarding what make the most sense for your particular set of circumstances.



















