Tax

Have a tax question? Ask a tax Expert

Ask an Expert,
Get an Answer ASAP!

I lived seperate from retired husband who collects ss and…

Customer Question
i lived seperate from...
i lived seperate from retired husband who collects ss and pension but not legally seperated. should i file my tax return as married seperate tax return or a joint tax return.
Submitted: 2 years ago.Category: Tax
Show More
Show Less
Ask Your Own Tax Question
Answered in 2 minutes by:
1/17/2016
Tax Professional: Stephen G., Sr Income Tax Expert replied 2 years ago
Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 7,439
Experience: Extensive Experience with Tax, Financial & Estate Issues
Verified

You may do either. However, if you file "Joint" your husband must agree and both of you must include all of your information in the Joint return. If you decide to file "Married Filing Separately", then your husband must also use that filing method.

Ask Your Own Tax Question
Tax Professional: Stephen G., Sr Income Tax Expert replied 2 years ago

Also, I should note that if you decide to file separately; if you itemize deductions your husband must itemize deductions, even if the standard deduction is higher; if you use the standard deduction, he must do so also.

Of course, your husband has all of the same options as you do & often the one who files first has the best chance of sustaining the options they choose if there's a disagreement.

Generally, the IRS seems to favor the spouse with the itemized deductions if the standard deduction isn't used by both spouses.

Ask Your Own Tax Question
Customer reply replied 2 years ago
i know i can do either. what would make a better return. i am not retired work as an rn and don't receive ss and pension like my husband
Tax Professional: Stephen G., Sr Income Tax Expert replied 2 years ago

Generally, filing a joint return results in a lower combined tax.

One of the issues with filing separately is that there are a number of items that are treated unfavorably when you file that way; some of the deductions are limited to less than 1/2 of what you would receive if you filed jointly; also the Married Filing Separately tax rates are higher at lower brackets than the most favorable Married Filing Jointly brackets & rates.

If I may make a suggestion.

When faced with this question in the past, what I have suggested is that the couple file Jointly, but agree up front to split the tax based upon their gross incomes and then determine their additional payments or refunds considering their withholding and/or estimated payments. Generally, this works best if you have a tax preparer, preferably a CPA or EA to prepare your joint return & split the figures as indicated above.

If, for example your husband doesn't make estimated payments and you have withholding, it is possible that you would be overpaid and due a refund while he would owe money with the return.

Naturally, this takes some degree of co-operation between the parties. If this isn't possible for whatever reason, then there's not much of an alternative but to file using the Married Filing Separately filing status.

Ask Your Own Tax Question
Tax Professional: Stephen G., Sr Income Tax Expert replied 2 years ago

Also, it is impossible to determine what is best for either party without having the figures to work with. The only general statement that is 95% applicable is that the total income tax is normally less if you file a Joint return.

Ask Your Own Tax Question
Tax Professional: Stephen G., Sr Income Tax Expert replied 2 years ago

Do you have any follow up questions or may I clarify anything for you?

If not, please remember to rate my response, as that is the only way we receive credit for our work.

Thanks for using JustAnswer.com

Steve G.

Ask Your Own Tax Question
Was this answer helpful?
Ask Stephen G. Your Own Question
Stephen G.
Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 7,439
7,439 Satisfied Customers
Experience: Extensive Experience with Tax, Financial & Estate Issues

Stephen G. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,338 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,495 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

PhillipsEsq.

PhillipsEsq.

Attorney-at-Law

59 satisfied customers

B.A., M.B.A, J.D.

Robin D.

Robin D.

Senior Tax Advisor 4

15,272 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,655 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

< Previous | Next >

Related Tax Questions
Taxpayer married filing jointly in 2014 tax return. In year
Taxpayer married filing jointly in 2014 tax return. In year 2017 taxpayer incurred NOL and would like to carryback to loss to 2014. Note that taxpayer filing status is singled in 2017(the couple divor… read more
Dr. Fiona Chen
Dr. Fiona Chen
President
Ph.D.
1,027 satisfied customers
My wife and I file ‘married filing separate' on our taxes.
My wife and I file ‘married filing separate' on our taxes. We both work. We make a combined income of around 90,000 a year. We don't care to owe nor do we care to get a refund, we'd just like to be ev… read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,244 satisfied customers
If the spouse filed married filing separately and the
If the spouse filed married filing separately and the husband files an extension but did not file his tax return yet, can they amend to file married filing jointly? Does he has to file his tax return … read more
abci168
abci168
Principal
27 satisfied customers
Filed form 1040 form took the standard deduction, I am now
filed form 1040 form took the standard deduction, I am now filing the new york state, … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I am doing the taxpayers return as Married Filing Separately
Second opinion] I am doing the taxpayers return as Married Filing Separately & he want to file Itemized Deductions on his return, his return is on Extension. However his wife already filed her return … read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,244 satisfied customers
Looking for estimated tax rate for 500,000 income in 2017.
looking for estimated tax rate for 500,000 income in 2017 … read more
Richard
Richard
Tax Attorney
Doctoral Degree
4,495 satisfied customers
I am doing the taxpayers return as Married Filing Separately
I am doing the taxpayers return as Married Filing Separately & he want to file Itemized Deductions on his return, his return is on Extension. However his wife already filed her return Married Filing S… read more
Shan-Nel Simmons
Shan-Nel Simmons
Tax Professional/Owner
Master\u0027s Degree
43 satisfied customers
My married filing jointly Income is approx. $147,505 – Yes I
My married filing jointly Income is approx. $147,505 – Yes I itemize. When I enter W2G gambling winnings up to $2300 with equal $2300 losses, my tax liability is unchanged. When I enter W2G gambling w… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
242 satisfied customers
Second opinion], I understand there is a standard deduction
Second opinion] Hi Richard, I understand there is a standard deduction of 10,300. I am a new business start up and don't know much. I think if I use this I am not allowed to use important itemized ded… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I filed 2 years worth of taxes, married filing jointly. I
Second opinion] I filed 2 years worth of taxes, married filing jointly. I filed injured spouse for both but there are no exemptions listed either years forms for me. All the exemptions are under my hu… read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,132 satisfied customers
What is the amount of Standard Deduction for Single tax
What is the amount of Standard Deduction for Single tax filer NJ … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Jeannie are married and file a joint return. They have four
Tony and Jeannie Nelson are married and file a joint return. They have four children whose ages are: 15,17,19 & 23. The three youngest live at home with their parents and qualify as their dependents. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,868 satisfied customers
Will a tax preparer generate estimated quarterly vouchers in
Will a tax preparer generate estimated quarterly vouchers in excess of the calculated amount upon request? This question is not so much about the payments themselves as it is the actual vouchers.… read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,132 satisfied customers
Can I amend 2014 tax return to married filing separately
Can I amend 2014 tax return to married filing separately instead of filing joint return? We were legally separated in 14… read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,244 satisfied customers
I'm married, filing jointly, with our combined income not
I'm married, filing jointly, with our combined income not passing 120,000. I had to pay in this year for taxes. I know the tax law is changing for 2018, but I was wondering what I could do to ensure I… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,272 satisfied customers
Turbo tax suggested using standard deductions because of
turbo tax suggested using standard deductions because of lack of deductions (return of $1867). I reviewed my deductions and found two I missed, this increased my return to $2963. Some how the standard… read more
Fred Rook
Fred Rook
Corporate Controller
BSBA
129 satisfied customers
Client wants to file a joint tax return; spouse is
client wants to file a joint tax return; spouse is incarcerated entire year; client has a Power of Attorney form 2848 dated 2/24/16; spouse was incarcerated all of 2016 & 2017, and still is; client ha… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
The standard deduction is 12,700 for married filing jointly
The standard deduction is 12,700 for married filing jointly why does the 1040 form say 4050? … read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,132 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x