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myduskydavidmwal
New Member

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

I got married in December 2016.   I do not know How my spouse filed her taxes (we no longer speak).    I am self-employed with a 1099 and I usually expense a Lot and use deductions of all sorts....   so how do I File.?   It's my understanding that IF I select positively that I claim itemized deductions....that it might screw us both up (requiring amendments and such). 

She is a school district employee. She has 1 child from a previous marriage, she gets child support and W2   (no stocks, or dividends, or even much savings!)  hers is pretty cut & dry and filed with IRS back in February 2016.

But now... its my turn to file (after I previously applied for an extension)  

19 Replies
Opus 17
Level 15

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

Did you request the automatic extension to file?
*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
myduskydavidmwal
New Member

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

I sent into the IRS the Extension Form (request) back in April 2017   Yes.
myduskydavidmwal
New Member

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

And Yes, as I am self employed, I write of all sorts of things (from Meals out with clients, to cell phone expenses and office rents, traveling expenses, tolls, gas,  etc.etc.)
Zbucklyo
Level 9

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

Those are not itemized personal deductions, those are business deductions.  Itemized personal deductions are things like mortgage interest, property taxes, state income taxes, charitable deductions, etc.  Look at your past tax returns to see if they contain a Schedule A.  If not, you are probably fine filing separately and taking the standard deduction.
myduskydavidmwal
New Member

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

Ok. hold on... looking at last years return for a Schedule  A
myduskydavidmwal
New Member

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

Yes, page 4 or 5 is a Schedule A  Taxes You Paid = 3,339  and Interest You Paid = 6,411    Total Itemized Deductions line 29 was 9,750.
myduskydavidmwal
New Member

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

and  I think she did go the route of  Married Filing Separately....  because we didn't truly Live together at all during 2016 and I had my business stuff/mess....and she had her basic teacher stuff
Zbucklyo
Level 9

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

Ok, then you have two choices: File as married filing separately, and take those itemized deductions.  It is likely the IRS will then contact you in the future because your wife filed and did not itemize.  They may force you back into the standard deduction.  Other choice is to file separately with the standard deduction, which will likely increase your taxable income a bit if 2016 is similar to 2015.
myduskydavidmwal
New Member

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

She was located in NY and I am (still) in Virginia.... I never sold nor rented my place (thank God)...
myduskydavidmwal
New Member

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

I view our marriage and time together as a long "vacation"  event (I left NY and her in March of 2017)
Zbucklyo
Level 9

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

Did you never live together?  In that case, she is eligible for file as 'Head of Household' and whether she itemizes or not has no bearing on you.
Zbucklyo
Level 9

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

Well that answers my question.  It sounds like you lived together for at least December 2017, in which case she should have filed separately.
myduskydavidmwal
New Member

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

We were married December 17th 2016...... "vacationed up there" until March 2017 and had to leave....
myduskydavidmwal
New Member

Hello.? I have a tax question about becoming married in December, and now... not talking to spouse and walking toward divorce...

So if she filed  Married Filing Seperately  and just utilized the standard deduction....than that screws me up Big Time.   My 1099 is around 120K and I generally claim and write off lots of items to reduce that amount down significantly...
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