Publication 501 - Exemptions, Standard Deduction, And Filing Information - 2001 Page 6

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the year, the spouses can choose to file a joint
year cannot claim this special allowance. Mar-
1) You should itemize deductions if your
return. If you do file a joint return, you and your
ried persons filing separate returns who lived
spouse itemizes deductions, because you
spouse are both treated as U.S. residents for the
apart at all times during the year are each al-
cannot claim the standard deduction.
entire tax year. See chapter 1 of Publication 519.
lowed a $12,500 maximum special allowance
for losses from passive real estate activities.
2) You cannot deduct interest paid on a quali-
Married Filing Separately
fied student loan.
See Rental Activities in Publication 925, Passive
Activity and At-Risk Rules.
3) You cannot take the credit for child and
You can choose married filing separately as
dependent care expenses in most in-
your filing status if you are married. This method
stances, and the amount that you can ex-
Joint Return After
may benefit you if you want to be responsible
clude from income under an employer’s
Separate Returns
only for your own tax or if this method results in
dependent care assistance program is lim-
less tax than a joint return. If you and your
ited to $2,500 (instead of $5,000 if you
You can change your filing status by filing an
spouse do not agree to file a joint return, you
filed a joint return). For more information
amended return using Form 1040X.
may have to use this filing status.
about these expenses, the credit, and the
If you live apart from your spouse and meet
If you or your spouse (or both of you) file a
exclusion, see Publication 503, Child and
certain tests, you may be considered unmar-
separate return, you generally can change to a
Dependent Care Credit.
ried and may be able to file as head of house-
joint return any time within 3 years from the due
4) You cannot take the earned income credit.
hold. This can apply to you even if you are not
date of the separate return or returns. This does
divorced or legally separated. If you qualify to file
not include any extensions. A separate return
5) You cannot exclude any interest income
as head of household, instead of as married
includes a return filed by you or your spouse
from qualified U.S. savings bonds that you
filing separately, your tax may be lower, you may
used for higher education expenses.
claiming married filing separately, single, or
be able to claim the earned income credit and
head of household filing status.
6) You cannot take the credit for the elderly
certain other credits, and your standard deduc-
or the disabled unless you lived apart from
tion will be higher. The head of household filing
your spouse for the entire year.
status allows you to choose the standard deduc-
Separate Returns
tion even if your spouse chooses to itemize
After Joint Return
7) You cannot take the education credits (the
deductions. See Head of Household, later, for
Hope credit and the lifetime learning
Once you file a joint return, you cannot choose
more information.
credit).
to file separate returns for that year after the due
Unless you are required to file sepa-
8) You cannot take the exclusion or credit for
date of the return.
TIP
rately, you should figure your tax both
adoption expenses in most instances.
ways (on a joint return and on separate
9) You will become subject to the limit on the
returns). This way you can make sure you are
Exception. A personal representative for a
child tax credit, the limit on itemized de-
using the method that results in the lowest com-
decedent can change from a joint return elected
ductions, and the phaseout of the deduc-
bined tax. However, you will generally pay more
by the surviving spouse to a separate return for
tion for personal exemptions at income
combined tax on separate returns than you
the decedent. The personal representative has
levels that are half of those for a joint re-
would on a joint return because the tax rate is
1 year from the due date of the return to make
turn.
higher for married persons filing separately.
the change. See Publication 559 for more infor-
10) You may have to include in income more
mation on filing income tax returns for a dece-
of your social security benefits (or any
dent.
How to file. If you file a separate return, you
equivalent railroad retirement benefits)
generally report only your own income, exemp-
than you would on a joint return. For infor-
Head of Household
tions, credits, and deductions on your individual
mation on social security and railroad re-
return. You can claim an exemption for your
tirement benefits, see Publication 915,
You may be able to file as head of household if
spouse if your spouse had no gross income and
Social Security and Equivalent Railroad
you meet all of the following requirements.
was not the dependent of another person. How-
Retirement Benefits.
ever, if your spouse had any gross income or
1) You are unmarried or considered unmar-
11) You cannot roll over amounts from a tradi-
was the dependent of someone else, you cannot
ried on the last day of the year.
tional IRA into a Roth IRA during the year,
claim an exemption for him or her on your sepa-
unless you did not live with your spouse at
rate return.
2) You paid more than half the cost of keep-
any time during the year.
If you file as married filing separately, you
ing up a home for the year.
can use Form 1040A or Form 1040. Select this
12) Your capital loss deduction limit is $1,500
3) A qualifying person lived with you in the
filing status by checking the box on line 3 of
(instead of $3,000 if you filed a joint re-
home for more than half the year (except
either form. You must also enter your spouse’s
turn).
for temporary absences, such as school).
social security number and full name in the
However, your dependent parent does not
spaces provided. Use the Married filing sepa-
Individual retirement arrangements (IRAs).
have to live with you. See Special rule for
rately column of the Tax Table or Schedule Y – 2
You may not be able to deduct all or part of your
parent, later, under Qualifying Person. A
of the Tax Rate Schedules to figure your tax.
contributions to a traditional IRA if you or your
foster child must live with you all year.
spouse were covered by an employee retire-
ment plan at work during the year. Your deduc-
If you qualify to file as head of house-
Special Rules
tion is reduced or eliminated if your income is
TIP
hold, your tax rate usually will be lower
more than a certain amount. This amount is
Special rules apply if your filing status is married
than the rates for single or married fil-
much lower for married individuals who file sep-
filing separately.
ing separately. You will also receive a higher
arately and lived together at any time during the
standard deduction than if you file as single or
year. For more information, see How Much Can I
married filing separately.
Community property states. If you live in Ari-
Deduct? in Publication 590, Individual Retire-
zona, California, Idaho, Louisiana, Nevada,
ment Arrangements (IRAs).
New Mexico, Texas, Washington, or Wisconsin
and file separately, your income may be consid-
How to file. If you file as head of household,
Rental activity losses. If you actively partici-
you can use either Form 1040A or Form 1040.
ered separate income or community income for
pated in a passive rental real estate activity that
income tax purposes. See Publication 555,
Indicate your choice of this filing status by
produced a loss, you generally can deduct the
Community Property.
checking the box on line 4 of either form. Use the
loss from your nonpassive income up to
Head of a household column of the Tax Table or
$25,000. This is called a special allowance.
Schedule Z of the Tax Rate Schedules, to figure
Deductions, credits, and certain income. If
However, married persons filing separate re-
your filing status is married filing separately:
turns who lived together at any time during the
your tax.
Page 6

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