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Income Tax Filing for Married Couples for 2009, 2010

If you are trying to figure out your filing requirements then you will first need to determine your filing status. This will usually depend on if you are married or not.

According to the IRS you are only considered married if it is a legal union between a man and a woman. The federal government does not recognize same sex marriages although some states will.

You are considered married if you have a legal marriage and reside together, you have a common law marriage recognized in your state, and if you are married but living separately and not legally divorced.

Married Filing Jointly

This is the most common way married couples usually choose to file thier tax return. If you both had income at about the same levels then you will see the most benefits from filing jointly. More credits and deductions will be available to you as a couple. The only downfall to this is that both spouses are equally responsible for any errors on your return.

Married Filing Separately

If you decide you would like to file your own return separate from your spouse then you may opt to file married but separately. This will require that each of you report all income, deductions, exemptions, and credit on your return. You will usually end up paying a higher tax rate and miss out on some great credits such as the earned income credit and child or dependent care credit.

If your spouse did not have income and you file separately then you may be able to use your spouse as an exemption so that may be the best option for your situation.

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