Like other experts, he advises these taxpayers to opt for the "married filing separately" status instead, which severs liability.
The alternative to filing jointly is to file as married filing separately.
FORBES: Ask the taxgirl: Marital Status and the Earned Income Tax Credit
Registered domestic partners cannot file using a married filing separately or jointly filing status, because they are not spouses as defined by federal law.
Q-2: Can registered domestic partners or same-sex spouses whose marriage is recognized under state law file federal tax returns using a married filing jointly or married filing separately status?
However, in your case, that will not help you with the EIC (earned income tax credit, sometimes called EITC) since you may not claim EIC if your status is married filing separately.
FORBES: Ask the taxgirl: Marital Status and the Earned Income Tax Credit
Likewise , same-sex partners who are married under state law may not file using a married filing separately or jointly filing status because federal law does not treat same-sex partners as spouses.
In her defense, Bronstein argued that the intent of the statute in cutting the limitations in half for married filing separately taxpayers was to accommodate situations where the husband and wife jointly paid mortgage interest but chose to file separate returns.
Although a married couple, particularly one with roughly equal incomes, will sometimes pay more filing jointly then if they were single, as I observed in my post on marriage equality, they will almost always come to a higher total using married filing separately, which is the only other alternative if they are of different genders.
Married filing jointly or separately?
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Wood himself urges traditional married couples to consider filing separately because the law makes joint filers liable for the tax sins of their partners.
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