[pastor1189]

To confirm, just because you are married you are not compelled
To file jointly you can file married filing separately.

[joypulv]

True, but you lose a deduction or two, and have a higher tax rate.
Best bet is to get tax software and try both options.

[pastor1189]

Thank you

[ebaines]

I would add that depending on the state you live in, you may be required to file your state income tax return using the same filing status as on your federal return. So be sure to check the rules in your state to see what implications there may be for filing as Married Filing Separately on your federal return.

[pastor1189]

Florida doesn't have a personal state income tax.It would be a federal
Situation. Thanks

[AtlantaTaxExpert]

Additionally, if you are separated from your spouse from 1 July 2016 onward, either under a formal separation agreement or just because you did not live togther for those six months, you can file as if you are single.

[pastor1189]

Very good information

[AtlantaTaxExpert]

Glad to help!

[suntaxfla]

In addition, filing jointly results in joint and several liability for the tax return. Filing separately does not. Filing jointly is an election and is irrevocable. Separate returns can be amended to a joint return with a timely-filed amended return. Finally, if you are married to a nonresident alien you generally may not file a joint return. There are a number of workarounds to avoid the MFS status though depending on the goal you are trying to achieve. Let me know if this is a pertinent issue.

[AtlantaTaxExpert]

Actually, filing jointly with a non-resident alien spouse IS possible. All the spouse need do is apply for an Individual Tax Identification Number (ITIN) and submit a statement that he/she chooses to be treated as a resident.

[suntaxfla]

Hi Atlanta Tax Expert. It is important to realize that the election actually changes the tax status of the otherwise nonresident spouse. You CANNOT file with a nonresident spouse. By making the election the nonresident spouse consents to become a tax resident for most tax purposes. This impacts other tax considerations over and above just the tax return. So, it important to realize that the election makes the spouse a tax resident, with all that it entails. It does not merely allow a nonresident spouse to file with a resident spouse.

[joypulv]

Why were some comments about tax simplification (2 of them mine) deleted from this post? There was nothing wrong with them, even if a bit OT.

[AtlantaTaxExpert]

SunTaxFla,

What you say is accurate.

However, the other considerations noted usually pale in comparison to the MUCH lower tax the couple ends up paying filing jointly vice filing Married Filing Separately, especially if the non-resident alien spouse is not working.

Joy,

Those comments were on another post!

[suntaxfla]

Agreed. Need to stress though that filing with a nonresident spouse does not exist. You morph them into a resident for most tax purposes.

[AtlantaTaxExpert]

You are correct. There is no such thing as a JOINT NRA tax return (Form 1040NR), though Indians, South Koreans, Canadians and Mexicans CAN usually claim their spouse and children as dependents on Form 1040NR.