If married filing separate, if one spouse has already filed but needs to amend it,can the other spouse go ahead and file without getting penalized?

[kaptkirk80]

we both wanted standard deduction,but filing said I itemized. that's what I need to amend.Just need to know if she can go ahead and file or she has to wait till I amend? p.s I have to use 1040x form to amend,are those available yet and do I also need to amend my Kansas state return also?

[macuser_22]

Are you SURE that you itemized?

Very few taxpayers qualify to itemize in 2018 due to the new laws.

Look on your 1040 line 8.
If it is $12,000 (or $13,300 if you are over age 65), then you did NOT itemize.  That is the standard deduction.
Also, if there is no Schedule A included in your tax return, you did not itemize.

[kaptkirk80]

yes when I started my filing with turbo tax I clicked standard deduction,but further into the process it asked me if I had interest to claim from mortgage and savings,which I did so I filled in the amounts not knowing that was leading me into itemizing . T

[kaptkirk80]

Opps hit enter... anyway there was no indication from turbo tax that it was leading me away from standard deduct. didn't know till after I paid and e-filed and printed my return that I went over by $400

[LeeM · Accepted solution]

She can go ahead and file without getting penalized. Her return is not affected by yours since you file separately.

As far as the amendment form, it has been moved to February 22nd. The state amendment should be available at the same time. You can sign up for an email notification when the amendment form is ready in the TurboTax FAQ below:

https://ttlc.intuit.com/replies/7159321

[macuser_22]

Don't rush to amend - amended returns take 4 months to process.

You should *wait* until your return has been processed and you receive your refund or conformation that any tax due has been paid. (If you file an amended return while you first return is being processed it can cause extended delays for both returns if two returns are in the system at the same time). In addition, if the IRS makes any change on your original return, you might end up having to amend the amendment – a sticky process that can take a year or more).

-- Then you can start the amend process.

-- Amended returns can only be mailed - allow 8-12 weeks - can take up to 16 weeks (4 months) for processing.

[lo213]

I’m currently going through a divorce that’s been going on for 4+ years. We have not lived together for a year and a half. I have filed my taxes separately from my soon to be ex since 2016. I started filing online and turbo tax says that if I file the standard deduction that my husband also has to do the same. It’s a very nasty divorce. I want to file the standard deduction. He will not cooperate with me and tell me which way he is filing. Can I just go ahead and file the standard deduction? What happens if he then files and does the itemized filing? It said that if we do not file the same way there could be a penalty. Who will get penalized? Me? Him??

[macuser_22]

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@lo213 wrote:

 I started filing online and turbo tax says that if I file the standard deduction that my husband also has to do the same.

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Not exactally.    The law is that if one spouse *itemizes* the other spouse cannot take the standard deduction but must *also* itemize, even if there is nothing to itemize.     Taking the standard deduction does not force the spouse to also take the standard deduction - it is the other way around.

One possible out is if you have a dependent child, step child or foster child that lives with you, you might qualify for Head of Household filing status that has no such requirement.

I suggest that you work with your divorce attorney to try to get an answer.  If you take the standard deduction and he itemized than you will probably be audited in about a year or so when  the IRS matches separate returns (which they do) and get a bill for back tax plus interest.