Bill Bischoff for MarketWatch writes: When you get married, your tax situation changes — for better or for worse. Here are the most important things to know.
Married at year-end means married for the whole year
Your marital status on December 31 determines your tax filing options
for the entire year. If you’re married at year-end, you only have two
choices: (1) filing jointly with your new spouse or (2) using married
filing separate status for a separate return based on your income and
your deductions and credits.
There are two reasons why most married couples file jointly.
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It is simpler. You only have to file one Form 1040 and you don’t have to
worry about figuring out which income, deduction, and tax credit items
belong to which spouse. Other things being equal, simple is good!
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It is often cheaper too. That is because using married filing separate
status makes you ineligible for some potentially valuable tax breaks
such as the child-care credit and the two higher-education credits.
Therefore, filing two separate returns often results in a bigger
combined tax bill than filing one joint return.
If you file jointly, you’re on the hook for your spouse’s tax misdeeds
Despite the preceding advantages, filing jointly isn't a no-brainer for
one big reason: for any year that you file a joint return, you’re
generally “jointly and severally liable” for any federal income tax
underpayments, interest, and penalties caused by your new spouse’s
unintentional tax errors or omissions or deliberate tax misdeeds. Joint
and several liability means the IRS can come after you if collecting
from your spouse proves to be difficult or impossible. They can even
come after you long after you’ve become divorced.
However if you can prove that you didn’t know about your spouse’s tax
failings, had no reason to know, and didn't personally benefit, you can
try to claim an exemption from the joint-and-several-liability rule
under the so-called innocent spouse provisions. Believe me, this is
easier said than done.
In contrast, if you file separately, you have no liability for your spouse’s tax screw-ups or misdeeds. Period.
Bottom line:
If you have doubts about your new spouse’s financial ethics in general
and attitude about paying taxes in particular, I suggest filing
separately until those doubts are dispelled. While your tax bill might
be somewhat higher than if you file jointly, it could be a small price
to pay for “insurance” against the joint-and-several liability threat.
Will you pay the marriage penalty or collect the marriage bonus?
You’ve undoubtedly heard about the tax penalty on marriage. It causes
some (but not all) married joint-filing couples to owe more federal
income tax than if they had remained single. The reason: at higher
income levels, the tax rate brackets for joint filers aren't twice as
wide as the rate brackets for singles.
For example, the 28% rate bracket for singles starts at $87,851 of
taxable income (for 2013). For married joint-filing couples, the 28%
bracket starts at $146,401. If you and your spouse each have $85,000 of
taxable income, you’ll pay a marriage penalty of $708 because $23,600 of
your combined taxable income falls into the 28% rate bracket. If you
had stayed single, none of your income would have been taxed at more
than 25%. Because the marriage penalty is usually a relatively modest
amount, I think it should be viewed as more of an annoyance than a
deal-breaker.
On the opposite side of the coin, many married couples actually collect a
tax bonus from being married. If one spouse earns most or all of the
taxable income, it is highly likely that filing jointly will reduce your
tax bill (the marriage bonus). For a high-income couple, the marriage
bonus can be several thousand dollars a year.
Bottom line:
If you and your new spouse both earn healthy and fairly equal incomes,
you’ll likely fall victim to the marriage penalty. If not, you’ll likely
collect the marriage bonus.
Selling an appreciated home after getting married
Say you and your spouse both own homes. If you sell yours for a profit,
up to $250,000 of the gain will be free from any federal income tax if
you owned and used the home as your principal residence for at least two
years during the five-year period ending on the sale date. The same is
true for your spouse. So you could both sell your respective homes, and
you could both potentially claim the $250,000 gain exclusion deal — for a
combined federal-income-tax-free profit of up to $500,000. Nice!
Say you sell your home, and you both move into your spouse’s home (this
could happen before or after you get married). After you’ve both used
that home as your principal residence for at least two years, you could
sell it and claim the larger $500,000 joint-filer gain exclusion. In
other words, you could potentially claim a $250,000 gain exclusion on
the sale of your home, and with a little patience claim a later $500,000
gain exclusion on the sale of your spouse’s home. That is what I would
call good tax planning!
For more information
This article hits what I think are the most important tax implications
of getting married. Needless to say, there is more to the story. For
additional information, check out IRS Publication 504 (Divorced or
Separated Individuals) at www.irs.gov.
The name of the publication is misleading. It actually has almost as
much to say about getting married as getting divorced or separated.