Deduction

[cshlt05]

Hello, 

i have a question, my spouse and i we live apart for more than a year. she file her tax a head of household , 2 dependent , mortgage tax and mortgage interest she took all as her itemised deduction

.if i file my tax as married filing separate can i use standard deduction? 

Thank You 

[xmasbaby0]

If your spouse filed HOH then you are not locked in to filing with itemized deduction.   That would happen if she filed married filing separately.   Since she filed HOH you can file MFS and use your standard deduction.

[VolvoGirl]

I'm not so sure. 

The person filing HOH does NOT have to itemize unless they want to, but the person filling MFS MUST itemize if the HOH spouse does.

The rule for MFS says you MUST itemize if your spouse itemizes.

The rule for HOH says you do not have itemize if your spouse does.

[cshlt05]

Thank You for your respond.

i just want to make sure , so if my spouse HoH and itemised deduction , and im MFS i can use standard deduction , am i correct ? 

we still legally married , but we been live apart more then 2 years . 

Thank You 

[cshlt05]

thank you for the respond.

so its that mean if my spouse HoH and itemised deduction and im MFS i cant do standard deduction ? 

She already filed her tax , she doesnt want to tell me about what she did, she only told me that she’s HOS and did itemised deduction.