Here are your answers:
- Q1: TurboTax software suggested that my wife use Head of House Hold when entering her marital status (as married, living separately). We have children who live with my wife. Do I need to force the software to switch to MFS somehow?
- You have chosen to file jointly, however for federal purposes if you filed separately you would qualify for MFS on your return and your wife, if she filed on her own, would be able to file as head of household since the children live with her all year and IF she provides over half the cost of the home (any child support she might receive would be considered provided by her). This also assumes no child provides more than half of their own support. On the Georgia return she would be filing MFS. Page 11 of the Instructions.
- Q2: In the Personal Information section, Turbo Tax asked the question, if "I (the spouse who lives separately) plan to file in 2023". What should be the answer to this question (given that we are filing MFJ for Federal and I am not filing any FL State return).
- Yes, you are filing a return with her.
- Q3: We had capital loss carryover from past years. Should we apportion it, or leave it with my wife's GA state return (as I do not have to use it- as I am not required to file in FL). From various postings I gather that my wife can claim only $1500 of the carryover loss in 2023- is this correct as (strictly speaking) my wife is filing as HOH (not as MFS).
- You will file the full amount on a joint federal return and then split it on the state return.
- Q4: Lastly, which 1040 should we attach to my wife's MFS state return for GA. The 1040 from MFJ at Federal level (or the synthetic 1040 generated when creating GA state MFS return).
- You should send a copy of the actual joint Form 1040 that was filed.
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