Question:

Is it legal to file tax returns separately if you are married?

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Is it legal to file tax returns separately if you are married?

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  1. It is legal to file "Married Filing Separately" but it is illegal to file "Single" if you are married.

    Consult Pub. 17 at IRS.gov if there is a child living with you and you and your spouse were living apart the last six months of the tax year.


  2. If you file your own taxes, you can see which one will be more beneficial  to both of you.

    I know people that file separately because they get more money back from the IRS than if they file their tax returns together.

    You won't know unless they are figured separately.

  3. There are two circumstances in which a married person can file a separate return from their spouse.

    1.  Using the Married Filing Separately filing status.  each spouse files a return reflecting their own income and deductions.

    2.  If the couple live apart for the last six months of the year and one or both have a dependent child living with them.  Each spouse with a child files a Head of Household filing status return.  If only one spouse has a child living with them they file HOH and the other spouse files MFS.

      

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