Filing jointly or separately as a married couple: What’s the difference?

Filing jointly or separately as a married couple: What’s the difference?

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tax filing status

When you file your tax return, a tax filing status must be chosen. This status is used to determine your standard deduction, tax rates, eligibility for certain tax breaks and your correct tax.

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Married couples filing separate tax returns: Why would they do it?

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married

If you’re married, you may wonder whether you should file joint or separate tax returns. The answer depends on your individual tax situation.

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There may be relief from tax liability for “innocent spouses”

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joint tax return

If you file a joint tax return with your spouse, you should be aware of your individual liability. And if you’re getting divorced, you should know that there may be relief available if the IRS comes after you for certain past-due taxes.

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“Innocent spouses” may get relief from tax liability

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injured spouse effect on taxes

When a married couple files a joint tax return, each spouse is “jointly and severally” liable for the full amount of tax on the couple’s combined income. Therefore, the IRS can come after either spouse to collect the entire tax — not just the part that’s attributed to one spouse or the other. This includes any tax deficiency that the IRS assesses after an audit, as well as any penalties and interest. (However, the civil fraud penalty can be imposed only on spouses who’ve actually committed fraud.)
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