My spouse filed as head of household and i should get to itemize according to the rule

[cc2735]

I just got married in September and my spouse has a house and children and claimed head of household and used standard deduction. According to the rule explanation that is an exception to the rule that I cannot itemize. I need to know where that information is filled in on Turbo Tax

[VolvoGirl]

Do you live together?  If you live together your spouse can not file HOH.  May I ask why you are filing separately?

Unless you have a specific reason to file separate returns,
It is usually better to file Joint. Joint has the lowest tax rates and the highest Standard Deduction.   And if you are in a Community Property state MFS gets tricky to figure out.  Here's some things to consider about filing separately……

In the first place you each have to file a separate return, so that's two returns.  And if you are using the Online version that means using 2 accounts and paying the fees twice.  

Many people think they come out better when filing Married Filing Separate but they are probably doing it wrong.  If one person itemizes deductions then the other one must itemize too, even if it's less than the standard deduction, even if it is ZERO!  

And there are several credits you can't take when filing separately, like the
EITC Earned Income Tax Credit
Child Care Credit
Educational Deductions and Credits

And contributions to IRA and ROTH IRA are limited when you file MFS.

Also if you file Married Filing Separately up to 85`% of your Social Security becomes taxable right away even with zero other income.

See …….
<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately">https...>

So you should try to file Joint if you both can agree.

And info on Getting Married…..
<a rel="nofollow" target="_blank" href="http://turbotax.intuit.com/tax-tools/tax-tips/Family/Getting-Married/INF12006.html">http://turbotax....>

[cc2735]

we didn't live together and I have a rental and always do my taxes with itemized and she can claim head of household because she has children in her residence. We JUST moved in together the 13th of March and she did her taxes per usual and now I am getting 1700 less because it won't let me fill in anywhere that she claimed head of household. Per the explanation, that is the one exception to the rule. She said that she was going to get less back when she started hers and tested the Married filing jointly. Now I am doing mine and getting half almost from Federal

[VolvoGirl]

Oh, you can try to change it here,  To change your choice of Standard or Itemize, go to
- Federal Taxes tab or Personal (for H&B version)
- Deductions & Credits
- Choose Explore on my own or I'll choose what to work on  (if it comes up)
- Bottom of the page click Done with Deductions
- click Continue, answer the questions on the next 2 or 3 screens, click Continue
- On the We've chosen screen check the box next to Change my deduction
 -Then on the same screen check either Itemized deductions or Standard Deduction, then Continue
  
OR go to Personal Info and click Edit or Update  by Filing Status and go though all the screens.  Read them all slowly.

Yes that is a special rule that if she claims HOH you can take either one.  I don't see exactly where you state she is HOH either.  So I'll ask around.

[cc2735]

she claimed hoh at her home. I have a different home and we JUST moved in together at my place. She said she took the standard deduction but if she has a mortgage with interest and taxes and children in the home qualifying her as HOH, doesn't that mean she itemized?

[VolvoGirl]

Having those deductions doesn't mean she had enough to use them.  Maybe the standard deduction is still more for her.  Or for some reason she choose to take the Standard Deduction instead of itemize them.

Just thought of something.  Go to Personal Info and click Edit or update by filing status and pick MFS but just put down that she is using Itemzed so it will let you do Itemized also.  Just trick it.

[cc2735]

wont that be a lie on my tax return? I don't want to deal with an audit

[VolvoGirl]

It doesn't say that on the 1040 return anywhere.  It just shows her name and ssn so they can match up the returns.  I'm still looking around.  I have the Desktop program so I can go into Forms mode and look at the detail worksheets and there should be a checkbox somewhere.

[cc2735]

ok Thanks, I am trying to find where to check off that she is filing HOH but have no leads in the turbo tax  premier.... I figured since they ask for her name and ssn they will pull them up to check the answers against the facts and it would get flagged

[cc2735]

ok I went in and checked both she and I can choose itemized deductions and that I didn't live with her at all in 2015 and then my total went back up .... I think I will go on from here. You have helped me greatly. Now I must get to bed so I can sleep at least 6 hrs before work. YOU ARE THE BEST

[Opus 17]

Under the IRS wording, "a spouse filing MFS must itemize if the other spouse itemizes."  That gives the itemizing spouse control in this situation.  However, the non-itemizing spouse is only controlled if they also file MFS.  If they file HOH, they are a controller but are not controlled.

•If spouse 1 files MFS and itemizes, and spouse 2 files MFS, spouse 2 must itemize.

•If spouse 1 files MFS and uses standard, and spouse 2 files MFS and itemizes, the IRS will send a correction notice to spouse 1 telling them they must also itemize.

•If spouse 1 files HOH and itemizes, spouse 2 files MFS and must itemize.  If spouse 2 uses the standard deduction, the IRS will require them to correct their return to itemized.

•If spouse 1 files HOH and uses the standard deduction, spouse 2 files MFS and may either use the standard or itemize. The IRS will not force spouse #1 to itemize if spouse 2 itemizes.

So here, user cc2375 is free to itemize if that is best for him.  It will not affect his wife's return regardless of which deduction she claimed.

cc2375, did you ask this question because you want to know where to document this on your tax return...

Or, are you trying to itemize but the program won't let you?  If Turbotax will only allow you to ite...

[VolvoGirl]

Good write up.  I wonder if when you pick MFS and enter your spouse's info you can say they are HOH

[VolvoGirl]

Hey me again.  SORRY it's late and I was just reminded how it works.   Sorry you can not itemize.  

The HOH filer would be considered not married and can file itemized or standard.  However, the MFS taxpayer is considered married and must itemize if the HOH spouse itemizes.  

[cc2735]

Crap.  But when I answered the questions and checked all boxes on that screen it did it automatically, I read that exception to the rule a few times and it applies, I just didn't put that my spouse filed HOH...I had at first just said she filed using standard. so I think I am ok.

[VolvoGirl]

Yikes, stayed tuned.  I edited it.  I think that is only if HOH itemizes you have to itemize too.