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Should I file Separately this year?

So I have been married for 3 years. Every year I have paid taxes but this year I have had to pay myself as I am subcontracted by a company. I now realize for the past 3 years only I have been paying into taxes since my husband is self employed (he's also an immigrant so I don't think he gets the concept) I've told him like 5 times to pay at least 10% of his income to taxes by the end of December. i don't think he will since we always get a return he doesn't understand that i'm paying all our taxes and only get a little bit back (we keep most finances separate as we each have our own bills) Should I just file separate so I can only be liable for myself or will I still get more back filing married even if he does not pay anything? I'm thinking just to spite him I may pay separate so he has to do his own taxes and realize how much he owes each year. We are just getting through all our immigration stuff but I'm kinda tired of feeling like his mother.

Update:

Also I live in the USA in San Francisco

7 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    Run it both ways on a tax program to show him. But file together, it costs less money.

    Source(s): chas
  • Anonymous
    1 decade ago

    Of course he doesn't get the concept. After all the tax return shows a refund of money withheld from your W-2 and that's from your side of the money.

    You only have a few solutions.

    1. Stop thinking of this as my money and his money. Yes, it's incredibly difficult to get on the same page, but you need to after 3 years if you plan to be together for the next 50.

    2. Take last year's tax return and redo it as 2 MFS returns. If the effect of MFJ vs 2 MFS returns is minimal (no kids, no education credits), maybe you can get through to him that *you* would have had a refund and he would have owed, so you want him to write you a check for his share so it goes back into *your* budget.

    3. Yeah, you could file MFS this year and let him suffer the consequences, but paying the IRS interest and penalties would be the alternative. He'd get hit with estimated tax penalties, failure to file (it sounds like you are the one who meets deadlines), failure to pay and interest.

  • Anonymous
    1 decade ago

    In terms of taxes, you will almost certainly pay less taxes as a household if you file a joint return rather than 2 separate returns. You can always run both options in a tax software program and compare the results before you submit anything to the IRS.

    As for the practical side of keeping your finances separate: I think your best option is to just combine all your finances and live as one. Your marriage vows probably included something along the lines of "For richer or poorer" and "for better or for worse." If you guys really meant those words then you'd have no problem combining your finances without worrying about "his" and "hers."

  • tro
    Lv 7
    1 decade ago

    I am a bit confused,you are asking if you should file separately but you say your husband gets refunds each year but doesn't pay in? how can he get refunds if you are filing jointly, don't you both get the refund?

    but let me clarify something, self employment is considered earned income and as such the person is eligible for EIC, and it is not always required to have children in the home, low income is also eligible for EIC, this may be why his se tax gets paid for him with the EIC credit

    this may not be your case but it is one way of explaining his refunds

    if you file separately and have children the EIC is disallowed

    and you can file jointly with you filing an injured spouse form to separate his liabilities from yours

    if you feel that you have been paying for his se tax you can amend your 2007, 2008 and 2009 returns including the injured spouse form and possibly get refunded what is rightly yours

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  • Amy
    Lv 7
    1 decade ago

    A couple usually owes more in total if they file separately. If he hasn't paid taxes at all (quarterly, not "by December"), he will owe an additional penalty.

    You could maybe threaten to file separately, and have him fill out the tax return to see how much he would owe. But don't actually file that way. If you intend to stay married to this guy, then what hurts him financially hurts you.

    A better approach would be for you to get the form he needs to send in quarterly payments, and help him fill it out.

  • Judy
    Lv 7
    1 decade ago

    If you each file separately, the total tax your family pays will be a lot more that if you filed a joint return. YOUR tax might be less though if you don't pay anything toward his.

    And if he's self employed, even 10% isn't going to come close to what he owes.

    Your call.

  • 1 decade ago

    Filing "married filing separate" is the least beneficial of all the filing statuses. If you file separate from your husband you are not eligible for many tax benefits/credits.

    MFS taxpayers are not eligible to claim the following tax benefits:

    Tuition and fees deduction

    Student loan interest deduction

    Tax-free exclusion of US bond interest

    Tax-free exclusion of Social Security Benefits

    Credit for the Elderly and Disabled

    Child and Dependent Care Credit

    Earned Income Credit

    Hope or Lifetime Learning Educational Credits

    But if you don't want to be liable for his taxes, then you may want to file separate. You can go to http://turbotax.intuit.com/tax-tools/calculators/t...

    and enter your info and see which is better.

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