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The Internal Revenue Service (IRS) created Form 8958 to allow couples in community property states to correctly allocate income to each spouse that may not match what is reported to the IRS.
Consequences of filing your tax returns separately If you file a separate return from your spouse, you are often automatically disqualified from several of the tax deductions and credits mentioned earlier. In addition, separate filers are usually limited to a smaller IRA contribution deduction.
A spouse puts their income, expenses, and deductions on one federal return. The other spouse puts their information on a completely different tax filing. When filing separately, if one spouse itemizes their deductions, the other spouse must do the same.
From within your TaxAct return (Online or Desktop) click Basic Info. On smaller devices, click the menu icon in the upper left-hand corner, then select Basic Info. Click Filing Status in the Federal Quick QA Topics menu. Select Married filing separately.
People often ask us about the penalty for married filing separately. In reality, theres no tax penalty for the married filing separately tax status.
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Consequences of filing your tax returns separately If you file a separate return from your spouse, you are often automatically disqualified from several of the tax deductions and credits mentioned earlier. In addition, separate filers are usually limited to a smaller IRA contribution deduction.
Eligibility requirements for married filing separately You lived separately from your spouse from July to December of the tax year (time apart for special circumstances like a business assignment, medical care, attending school or serving in the military dont count). You file separate tax returns.
If the filing status on an individual tax return is married filing separately and the taxpayer lives in a community property state, Form 8958 must be completed and filed with the return.
Married filing jointly (MFJ) means that you and your spouse file a single tax return that includes all income and deductions for both people. Married filing separately (MFS) means that you each file your own tax return, separating your income and deductions.
Can I Withhold as Single If Im Married? Yes, you can, although it may not be beneficial to do so. Though there are a few cases in which filing separately can make more sense financiallysuch as when one spouse is eligible for substantial itemizable deductionsjoint returns usually yield greater tax breaks.

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