This chapter helps you determine which filing status to use. There are five filing statuses.
- Married Filing Jointly.
- Married Filing Separately.
- Head of Household.
- Qualifying Widow(er) With Dependent Child.
If more than one filing status applies to you, choose the one that will give you the lowest tax.
You must determine your filing status before you can determine your filing requirements (chapter 1), standard deduction (chapter 20), and correct tax (chapter 30). You also use your filing status in determining whether you are eligible to claim certain deductions and credits. taxmap/pub17/p17-010.htm#TXMP00e79391
You may want to see:
Publication 501 Exemptions, Standard Deduction, and Filing Information 519 U.S. Tax Guide for Aliens 555 Community Propertytaxmap/pub17/p17-010.htm#en_us_publink100032099
In general, your filing status depends on whether you are considered unmarried or married. For federal tax purposes, a marriage means only a legal union between a man and a woman as husband and wife.taxmap/pub17/p17-010.htm#en_us_publink100032100
You are considered unmarried for the whole year if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree. State law governs whether you are married or legally separated under a divorce or separate maintenance decree.taxmap/pub17/p17-010.htm#en_us_publink100032101
If you are divorced under a final decree by the last day of the year, you are considered unmarried for the whole year. taxmap/pub17/p17-010.htm#en_us_publink100032102
If you obtain a divorce in one year for the sole purpose of filing tax returns as unmarried individuals, and at the time of divorce you intended to and did remarry each other in the next tax year, you and your spouse must file as married individuals. taxmap/pub17/p17-010.htm#en_us_publink100032103
If you obtain a court decree of annulment, which holds that no valid marriage ever existed, you are considered unmarried even if you filed joint returns for earlier years. You must file Form 1040X, Amended U.S. Individual Income Tax Return, claiming single or head of household status for each tax year affected by the annulment that is not closed by the statute of limitations for filing a tax return. The statute of limitations generally does not expire until 3 years after your original return was filed. taxmap/pub17/p17-010.htm#en_us_publink100032104taxmap/pub17/p17-010.htm#en_us_publink100032105
If you are considered married for the whole year, you and your spouse can file a joint return, or you can file separate returns.taxmap/pub17/p17-010.htm#en_us_publink100032106
You are considered married for the whole year if on the last day of your tax year you and your spouse meet any one of the following tests.
- You are married and living together as husband and wife.
- You are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began.
- You are married and living apart, but not legally separated under a decree of divorce or separate maintenance.
- You are separated under an interlocutory (not final) decree of divorce. For purposes of filing a joint return, you are not considered divorced.
If your spouse died during the year, you are considered married for the whole year for filing status purposes.
If you did not remarry before the end of the tax year, you can file a joint return for yourself and your deceased spouse. For the next 2 years, you may be entitled to the special benefits described later under Qualifying Widow(er) With Dependent Child
If you remarried before the end of the tax year, you can file a joint return with your new spouse. Your deceased spouse's filing status is married filing separately for that year. taxmap/pub17/p17-010.htm#en_us_publink100032108
If you live apart from your spouse and meet certain tests, you may be considered unmarried. If this applies to you, you can file as head of household even though you are not divorced or legally separated. If you qualify to file as head of household instead of as married filing separately, your standard deduction will be higher. Also, your tax may be lower, and you may be able to claim the earned income credit. See Head of Household