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?
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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:
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:
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??
@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.
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.
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