What is a Joint Tax Return?

Article Details
  • Written By: Michael Pollick
  • Edited By: Niki Foster
  • Last Modified Date: 18 November 2019
  • Copyright Protected:
    Conjecture Corporation
  • Print this Article
Free Widgets for your Site/Blog
Kit Kats are produced by Hershey in the US, but they are made by Nestlé everywhere else, often in unusual flavors.  more...

November 20 ,  1945 :  The Nuremberg Trials began.  more...

The standard US tax forms (1040, 1040A or 1040EZ) routinely ask filers to declare their marital status. Single taxpayers can only report their own income and deductions, but married taxpayers have two different options. They may file separately, as if they were both single entities, or combine their incomes and file one form. The latter option is known as a joint tax return.

A joint tax return is generally preferred over filing separately because of the different tax liabilities. Married couples with at least two regular sources of income often benefit from the higher standard deduction of a joint tax return. If one spouse only works part-time, his or her total income may fall completely under this deduction, reducing the other spouse's tax liability as well. Quite often, the official tax liability on a married couple's taxable income is less than for singles or married couples filing separately.

Filing a joint tax return is not without some risks, however. Tax returns are legally binding documents which obligate both filers to be completely honest. If one spouse fails to report a source of income or claims too many deductions, both are held responsible for the errors. If the tax return shows a debt to the government, both filers can be held accountable for the payments. This can prove problematic if one spouse abandons the marriage or files for divorce before the tax obligation is paid.


Some married couples would not benefit from filing a joint tax return because of extenuating financial circumstances. If a spouse can still be considered a dependent of another taxpayer, he or she must file separately in order to qualify. This could happen with younger married couples temporarily separated by job obligations or educational pursuits. If one spouse stays with a parent for more than a few months, the parent may be able to claim a dependency. Others may decide against a joint return because of significant personal debt accrued before the marriage; filing separately in this case reduces the financial risk to the other spouse.

Because both spouses are equally responsible for the veracity and obligations of a joint tax return, serious legal problems may arise. Sometimes a domineering spouse will refuse to reveal sources of income or details of his or her occupation. The innocent spouse may be coerced into signing off on a fraudulent joint tax return. If the guilty spouse is found guilty of criminal activity, the innocent spouse may still be held liable for the tax debt. For this reason, trained tax attorneys can seek a legal judgment called innocent spouse relief. The difficulty lies in proving that the illegal activity was truly hidden and the innocent spouse didn't benefit from the proceeds. This is truly a difficult claim to prove, so it pays to learn as much as you can about your spouse's occupation and income before filing a joint tax return.


You might also Like


Discuss this Article

Post 4

If one spouse works and the other has no taxable income, is the spouse entitled to half of the tax return?

Post 3

@dianne1667 - Hi! I'm not 100% positive, but it seems like this could put that working spouse in quite a pickle. I hope they checked in with a tax attorney before making this move, because I think they have to be divorced for this to be on the up and up. Not absolutely sure about that, but that's what I'm thinking.

Post 2

My spouse and I always file together, but I had no idea there was so much liability involved in that! It seems like we're entitle to a bigger refund, though, if we complete a married tax return. I usually do our taxes at home, and I use some really great software to help. They have calculators and those have always shown that we'll get more back filing together. I wonder, though, why it makes a difference. It seems like if you’re married, you’re married – you know what I’m saying?

I always thought the only reason people filed separately was so that they could each get back what they actually earned, or paid in what they actually owed, rather than sharing the burden.

Post 1

If a couple is in the process of a divorce and the working spouse filed single, is the non-working spouse legaly entitled to half of the tax refund?

Post your comments

Post Anonymously


forgot password?