filing together (married)

What is the name of your state? Kentucky

Last year was the first year that I was married. We went to file our taxes separately and we were told that it was against the law to file seperate since we are married. So we filed our taxes together. I am now hearing that this information is not true. I would like to file my taxes seperate. What is the truth?

[JETX]

You can file your taxes seperately or jointly.

From IRS Publication 17, page 24:
"You can choose married filing separately as your filing status if you are married. This method may benefit you if you want to be responsible only for your own tax or if this method results in less tax than a joint return. If you and your spouse do not agree to file a joint return, you may have to use this filing status."
Source: [url]http://www.irs.gov/pub/irs-pdf/p17.pdf[/url]

What are the advantages/disadvantages to filing jointly/separate?

[JETX]

It depends largely on your specific circumstances. For example, if one of you has large medical expenses, it could be effective to file separately so that the one's deductible expenses reach the deduction percentage easier.

There are other considerations also, as noted on:
[url]http://www.babycenter.com/expert/pregnancy/prebabyfinance/14447.html[/url]
[url]http://www.kdv.com/nonprofit-articles/joint.html[/url]
[url]http://www.tattersall.com/shouldspouses.asp[/url]

[abezon]

Advantages: no joint liability for spouse's taxes, more deductions allowed.

Disadvantages: many credits & other tax advantages are not available when you file married separate, higher income tax (usually).

BTW, it's not illegal to file married separately, but it is illegal to file as single if you are married on Dec. 31. That might have been what the person was talking about.

Thanks for responding to my post. I have another question - I hope you don't mind.

I have read all of the links that were attached. I just want to be clear. The literature says if you file jointly you will have a lower tax rate. Filing separately is a higher tax rate if you have made more than $22, 600. For someone like me who has made less than that amout will it be benificial for me to file separatly? Since I am married will I still be eligible for earned income credit? My husband makes $65,000, I am thinking it would be benifical for him if we filed jointly. Unless I am eleigible for the earned income credit then it doesn't matter which way I go. Am I making sense?

Thanks

[abezon]

You can't get EIC if you file married separate. Your joint tax liability will probably be lowest if you file jointly. You can always work it out both ways & see how much filing separately will cost.