QUESTION
Can I file my taxes as married joint after filing married separate?
Asked on Jan 19th, 2023 on Taxation - Pennsylvania
More details to this question:
My soon-to-be-ex-husband and I have filed separate tax returns since 2017. I filed, he didn't. He is being investigated by the IRS but I am not because I filed mine every year and had no knowledge that he did not. Our divorce is not finalized, he is still living in my house, and he had $0 income in 2022. Filing joint will give me a significantly larger refund but will it set off red flags and open me up to potential trouble with the IRS given his history and trouble? Do I need to file married separate again or can I file joint and use him as a "dependent" without opening myself to potential issues with the IRS?
1 ANSWER
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Filing married filing joint this year would not set off any red flags with the IRS as you can switch between the statuses year over year. Your biggest potential issue is that a married filing joint return would hold you equally responsible for your ex-husband's potential tax liability for that year. I would suggest against it. Additionally, I would suggest your spouse seek counsel to handle the IRS issues.
Answered on Jan 23rd, 2023 at 4:04 PM