Sometimes it pays to file separately
Filing a separate tax return while married is like packing a parachute -- most of the time you don't need it, but when you do, it really pays off.
The overwhelming majority of married couples do,
and should, file jointly. Usually, couples can save thousands
of dollars filing together.
When married people file separately, the IRS takes
a host of incentives off the table, including credits for child
and dependent care, as well as deductions for adoption expenses,
education loan interest and IRA contributions.
But there are several special circumstances when it
may pay to file separately. And in remarriage situations, where
you and your spouse lived a life, complete with tax returns,
before you ever met, the equation becomes even more complicated.
When you file jointly, the IRS considers you and your
spouse as one entity. If your new spouse owes money to the IRS because
of a joint return from a previous marriage, the IRS can seize your
new joint refund to pay the debt.
Before you file, ask yourself these questions:
1. Have either of you had a lot of medical expenses
in the past year? Expenses are calculated against your total income,
so the smaller the income, the more of the expenses you get to
deduct. If your spouse's income is not included, then you will get to take more of your medical expenses as a deduction. But remember,
by filing separately you will lose other deductions, so run the
numbers and see what works best. And in many cases, especially if
the return is complicated, get a professional to help.
2. Do you or your spouse
claim investment expenses or non-reimbursed business expenses? Do
you or your spouse live off investments and, consequently, have
a lot of investment expenses? While it won't cover losses, investment
expenses can include anything from financial and legal advice to
brokerage fees. What about non-reimbursed business expenses, things
like travel, meals or office supplies? These are calculated using
the same method as medical bills, the smaller the income, the
more of the actual expense you are allowed to deduct. Limit the
income by filing separately, and you may save money.
3. Does your spouse owe
child support? The IRS will seize tax refunds to pay outstanding
child support. If you sign a joint return with a spouse who owes
money, you are risking your portion of the refund as well.
4. Does your spouse owe
money to the IRS? If your spouse owes money and you want your refund,
it may pay to file separately.
5. Has your spouse ever
been audited? Is your spouse in the middle of an audit? If your
spouse is still doing whatever it was that attracted the ire of
the IRS, claiming a hobby as a business, playing fast and loose
with deductions, etc., file separately.
6. Is your spouse self-employed? "People who are self-employed
tend to be very aggressive when it comes to claiming deductions,"
says Stuart Sorkin, a CPA and tax attorney with Stuart H. Sorkin
PC, a law firm based in Bethesda, Md. In a joint return, both parties
are liable. If you have money, assets or an attachable salary, guess
who the Feds will come after?
7. Do you thoroughly
understand your spouse's business, sources of income and tax return? Do your spouse's financial dealings pass the "gut check" test? Are
you being asked to sign returns you don't understand? When you ask
questions, does your spouse get evasive or angry?
Many times, women find themselves in this situation.
But Jan Warner, co-author of "Flying Solo," a nationally
syndicated divorce column, remembers a husband who became suspicious
after his wife got involved in a family enterprise. She was vague
and refused to explain her business dealings. From that point, the
husband insisted on filing separate returns. Now divorced, the man
has a healthy business while his ex-wife is in the middle of a major
-- and expensive -- battle with the IRS.
"He's off the hook," says Warner. "He didn't file
a return with her."
| -- Updated: Feb. 27, 2009 |
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