file MFJ or MFS?

[FRAZZLED]

I have clients married 47yrs. He has dementia and she has guardianship for him. County administrator is his conservator. Monies was split during 2017 and she is now receiving spousal support. Husband receives a pension for the income. Question is do they file joint or separate?

[Twin Turbo Z]

Any Soc. Security benefits ?

[FRAZZLED]

MFS or MFJ

Yes they both receive social security benefits. Hers goes into her account and his goes into his account, which is handled by the administrator.

[taxea]

Do it both ways to determine whether it benefits the clients one way or the other then let the client decide.

[Twin Turbo Z]

Filing separate will make the soc. sec. benefits definitely taxable.

[FRAZZLED]

MFS or MFJ

I guess my question is does it "have to" be filed MFS or can I file them MFJ

[Twin Turbo Z]

Dont see why they can not file together. They are still married. Especially with social security involved. Like mentioned run it both ways, see whats more advantageous.

[TAXNJ]

You mentioned ....

I guess my question is does it "have to" be filed MFS or can I file them MFJ

..that an "Administrator" is involved. Are you discussing the issue of filing status with the "Administrator" in addition to the spouse?

[Rapid Robert]

Filing MFJ is an election made by both spouses. Each spouse is either competent to make the election, or there should be someone with legal authority to make the election for them. Just follow the usual rules -- if they both agree to sign a joint return, and the tax result isn't significantly worse than MFS, go for it. (Even if the tax result is worse, they could still choose to file MFJ).