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You can each deduct what you actually paid or split it in some fashion but not more than the actual bill.
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. 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.
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
If one itemizes and takes all or part of the taxes, the other person must also itemize. It is usually more favorable for both spouses to take their standard deduction. You cannot both take 100% of the taxes, you would have to agree on which percentage each will take.
with MFS the limit for spouses for the deduction for taxes on Schedule A is $5,000. with MFS both taxpayers must either itemize or use the standard deduction. expenses can be split and no double-dipping.
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