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Any legally married couple can opt to file their tax returns separately. The married filing separately status doesnt come with any tax penalties but you might miss out on some tax breaks and end up with higher taxes.
Keep in mind that married filing separately and filing as a single unmarried person are two different things. In other words, you cant choose the single filing status if youre married. In some situations, the tax brackets are different for single filers and married couples filing separately.
If youre married/registered domestic partner (RDP), you may choose to file separately. Each spouse or partner will prepare a separate tax return and report their individual income and deductions.
Information on Form 8958 On Form 8958, a couple lists individual sources of income for each of them, such as employers, banks that pay interest, stocks that pay dividends, capital gains and tax refunds. The couple reports the total amount received from each source, then allocates a portion of the total to each person.
California is a community property state. When filing a separate return, each spouse/RDP reports the following: One-half of the community income. All of their own separate income.
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The IRS considers you married for the entire tax year when you have no separate maintenance decree or decree of legal separation by the final day of the year. If you are married by IRS standards, You can only choose Married Filing Jointly or Married Filing Separately status.
Keep in mind that married filing separately and filing as a single unmarried person are two different things. In other words, you cant choose the single filing status if youre married.
If you and your spouse file separately, you each are responsible only for the tax due on your own return. Itemized deductions. If you and your spouse file separate returns and one of you itemizes deductions, the other spouse cant use the standard deduction and should also itemize deductions.

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