Error made on married filing separately

Forum|Forum|4 years ago
February 22, 2022
3 replies
27 views

My spouse and I file married separate, it appears we both claimed the full amount for our home (taxes, and interest). How can I fix this error, as it appears only one person can claim these.

xmasbaby0

Level 15

One or both of you will have to amend. If you itemized then you both are required to itemize but you cannot "double dip" on the expenses you itemize. You will have to agree on a way to split the deduction so that no more than 100% of the deduction is being entered on the returns.

You cannot amend until the returns have been fully processed. The 1040X you need will not be available until late March.

Why did you file separate returns-- usually the worst way to file?

If you were legally married at the end of 2021 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,100 (+$1350 for each spouse 65 or older) You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit.

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states: AZ, CA, ID, LA, NV, NM, TX, WA, WI)

If you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separately

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

akbesb18Author

Level 2

Thank you for the answer - but likely this error will impact my return in some way for both federal and state. I have gotten messages that both were accepted via e-filing. Likely I'll need to return funds if my return is sent to me, how do i navigate this? I dont want to double dip and want to correct this quickly, but it sounds like i have to wait- what if my return is deposited by then? How do i proceed ?

Is there anyway to have one of the Employee Tax Experts respond to this post?

AamilD

Level 9

If you do receive a refund, you will have to keep it until you file your amended return. You will have to file a Form 1040X which is the form for amended returns. Your starting point would be the Tax Return which you filed. Then you will make the necessary changes ( since only 1 can itemize, you will make that change along with the other necessary changes).

If you are due a larger refund than on your original return, your amended return should only show the difference and you will receive a separate check for it. If you owe money on your amended return, it will show only the new amount owed, you will have to mail a check with the return.

The option to amend a 2021 tax return will become available later in the tax season.

Please visit How to amend (change or correct) a return you've already filed on further instructions on how to amend the return once that option is available.