What would be best filing Married filing jointly or separately ?

Asked over 1 year ago - Baltimore, MD

My husband is in prison and we have no kids. I am a full time college student and I also work full time. I wanted to know would I be able to file jointly or is it best to file separately?

Attorney answers (4)

  1. Angie Lee Smith

    Contributor Level 8

    4

    Lawyers agree

    1

    Answered . The general answer is that it is always better to file MFJ rather than MFS as you get more deductions that way.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  2. Andrew Davis Oostdyk

    Contributor Level 9

    4

    Lawyers agree

    Answered . This question is too vague to give an absolute answer. How long has your husband been in prison? Did he have any taxable income in 2012? Does he owe the IRS back taxes? You may want to contact a CPA or tax lawyer in your area, in order to better determine what filing status is in your best interests.

  3. Bruce Givner

    Pro

    Contributor Level 18

    3

    Lawyers agree

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    Answered . The brackets are better for married filing jointly. But there are other facts that might argue against that. You should retain a tax return preparer to run the numbers on your particular facts.

  4. Christopher Michael Larson

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . Jointly is generally the better way to file. However, there are reasons you might not want to file jointly with another person, such as they have a lot of income and no withholding. By filing jointly, you can not only get a larger refund, you can also get stuck with another person's tax bill.

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