You can only make the change from filing joint to filing separately if you file the corrected returns before the original due date of the tax return. Request for this type of change will be disallowed if filed after the due date of the original return.

References:

• Form 1040X (PDF), Amended U.S. Individual Income Tax Return
• Tax Topic 308, Amended returns
• Publication 17 , Your Federal Income Tax for Individuals, Amended Returns

These are the procedures to follow if you are making the change before the due date of the return. The person with the primary social security number (the first number listed on the return) will need to file Form 1040X (PDF), Amended U.S. Individual Income Tax Return. Make sure you show the original filing status as married filing jointly and the new filing status as married filing separately. Start with the numbers on the joint return in Column A and show the adjustments in Column B to remove your spouse's income and deductions.

The person with the secondary social security number (the second number listed on the return) will need to file a new return with a filing status of married filing separately and show his or her own income and deductions.

References:

• Form 1040X (PDF), Amended U.S. Individual Income Tax Return
• Tax Topic 308, Amended returns

You can file separate or you can file a joint return with a request for injured spouse relief. To file for injured spouse relief, you need to file Form 8379 (PDF), Injured Spouse Claim and Allocation. Attach the form to the return in the order of the attachment sequence number and enter "Injured Spouse" in the upper left corner of the return. If you have already filed your return you can file Form 8379 by sending it separately to the same IRS Service Center where you filed your return.

References:

• Form 8379 (PDF), Injured Spouse Claim and Allocation

Refer to Publication 501, Exemptions, Standard Deduction and Filling Information, for more information.

A dependency exemption may only be claimed on one return. Since neither you nor your wife contributed more than half of your son's support, one of you can still claim dependency exemption for your son only if the other spouse provides a written declaration that he or she will not claim the child as a dependent for that year. Form 2120 (PDF), Multiple Support Declaration, can be used for this purpose

References:

• Publication 501, Exemptions, Standard Deduction and Filing Information
• Form 2120 (PDF), Multiple Support Declaration
• Tax Topic 354, Dependents

For children of divorced or separated parents, generally, the custodial parent is treated as the parent who provided more than half of the child's support. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the noncustodial parent may be treated as the parent who provided more than half of the child's support if certain conditions are met. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the noncustodial parent may be treated as the parent who provided more than half of the child's support if the custodial parent releases his or her claim to the exemption by completing Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents, or signing a substantially similar statement. Please be aware that if you release your claim to the dependency exemption for a child, you may not claim a Child Tax Credit for that child.

Refer to Publication 501, Exemption, Standard Deduction, and Filing Information or Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents.

References:

• Publication 501, Exemptions, Standard Deduction and Filing Information
• Publication 504, Divorced or Separated Individuals
• Form 8332 (PDF), Release of Claim to Exemption for Child of Divorced or Separated Parents
• Tax Topic 354, Dependents

If you and your spouse file separate returns and one of you itemizes deductions, the other spouse will have a standard deduction of zero. Therefore, the other spouse should also itemize deductions.

You may be able to claim itemized deductions on a separate return for certain expenses that you paid separately or jointly with your spouse. Deductible expenses that are paid out of separate funds, such as medical expenses, are deductible by the spouse who pays them. If these expenses are paid from community funds, the deduction may depend on whether or not you live in a community property state. In a community property state, the deduction is, generally, divided equally between you and your spouse. For more information refer to Publication 504, Divorced or Separated Individuals; and Publication 555, Community Property.

References:

• Publication 504, Divorced or Separated Individuals
• Publication 555, Community Property

Yes. You will need to complete Form 8812 (PDF), Additional Child Tax Credit, and attach it to your Form 1040 or 1040A. Please refer to the Instructions for Form 1040 or the Instructions for Form 1040A index for the Child Tax Credit. The referenced pages will explain who qualifies for the Child Tax Credit, and how to calculate it.

References:

• Instructions for Form 1040
• Instructions for Form 1040A
• Publication 972, Child Tax Credit
• Tax Topic 606, Child tax credits

No. Neither the Hope Credit nor the Lifetime Learning Credit can be claimed if the individual is married but filed a separate return.

References:

• Publication 970, Tax Benefits for Higher Education
• Tax Topic 605, Education credits
• Form 8863 (PDF), Education Credits (Hope and Lifetime Learning Credits)

In order to qualify for the Earned Income Credit, your filing status cannot be Married Filing Separately. If you are married, you usually must file a joint return to claim the Earned Income Credit.

However, if you are married and your spouse did not live in your home at any time during the last 6 months of the year, you may be able to file as Head of Household. In that case, you may be able to claim the Earned Income Credit.

Please refer to Publication 596, Earned Income Credit, for a complete discussion of the Earned Income Credit. Refer to Publication 501, Exemptions, Standard Deduction, and Filing Information, for the Head of Household filing status rules.

References:

• Publication 501, Exemptions, Standard Deduction, and Filing Information
• Publication 596, Earned Income Credit
• Tax Topic 601, Earned income tax credit (EIC)

You will have met the substantial presence test and will be taxed as a resident alien for last year, while your husband is likely to be a nonresident alien. Refer to Tax Topic 851 for an explanation of the relevant tax forms. You may file a joint tax return if your husband makes the choice to be treated as a resident for the entire year. Generally, however, you cannot claim tax treaty benefits as a resident alien. Please refer to Publication 519, U.S. Tax Guide for Aliens , for detailed instructions on making this choice.

References:

• Publication 519, U.S. Tax Guide for Aliens
• Tax Topic 851Resident and Nonresident Aliens