Married filing separately spouse owes back taxes

Married filing separately spouse owes back taxes

Married filing separately spouse owes back taxes can file joint tax returns together, or they can file separate returns. However, the “separate marriage filing” (MFS) status provides less tax benefits. You will be disqualified from claiming some deductions and advantageous credits, and your progressive income limits for other deductions will be more stringent. So why is that so? It depends on your personal circumstances and concerns. Many professionals advise on their taxes on ways to obtain the best figure for their personal situation.

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Benefits of filing separately: share fiscal responsibility

Both spouses are “jointly and severally liable” for the accuracy of the filing of tax returns, and are jointly and severally liable for any tax arising from them. There is an exception if a spouse can prove a case of relief from an innocent spouse, confirming that he was not aware of the misstatement of other tax information. Therefore, it would be unfair to hold him liable for any debt or penalty arising from those statements. But you don’t have to deal with all this if you file them separately. You are only responsible for the accuracy of your own tax returns and only pay taxes owed on the income you have earned personally.
You may prefer this arrangement if your income is $ 20,000 and your spouse earns six figures. If you press the button to pay some significant taxes, you would get a much better income. And, of course, you may not want to join if you know or suspect that your spouse is leaving income or overcoming deductions.


Other benefits State MFS

There is no serious disadvantage in filing separately if the combined taxes due on two separate tax returns are the same as the taxes owed on a return. You will be protected against liability, even if you have no particular reason to worry about this. Some spouses prefer to keep their finances separate.


When you have no choice

you must submit a separate statement if your spouse is willing or unable to give your consent to file a return with you. Both must sign the declaration when they present together. There is an exception to this rule when a spouse dies during the fiscal year.


How tax cuts spend separate marital effects

In general, the marital status of the MFS is considered to be the least beneficial of all financial statements, since it is prohibited to present married taxpayers when claiming some tax exemptions. These include:

  • Tuition and deduction of fees
  • Student loan interest deduction
  • Duty-free exclusion of bond interest
  • Tax-free exclusion of Social Security benefits
  • Credit for the elderly and people with disabilities.
  • Child care and credit for dependents
  • Earned income credit
  • American Life Learning educational opportunities or credits

MFS taxpayers have lower income from gradual elimination for the deduction of IRA. Both must claim the standard deduction when they are filed, or both must break down their deductions.


  • You can choose to have your refund paid at a different address on Form 8379.
  • If you have already submitted your return, complete Part IV of Form 8379 and submit it separately.


  • You can file a statement of marital status, filed separately, to protect your refund.
  • Generally, you file your return separately and you do not need to use Form 8379.
  • However, if you do, you will lose access to certain credits and deductions, such as child care credit and work income credit.
  • You are still responsible for any tax liability incurred by you and your spouse together.


Tax Options When a Spouse Owes Back Taxes

  • Innocent Spouse Relief
  • Separation of Liability
  • Equitable Relief
  • Injured Spouse Relief


Deadline to decide on the file or separately

Married couples must decide whether to file or file separately when they file their original tax return for the year. Married filing separately spouse owes back taxes but they can change their mind and change two separate returns in a single internal return. Three years from the expiration date of the original return, not including any extension. They can change their mind and change from one statement to two separately before the deadline of April 15 for that fiscal year.


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