Is it ok to file itemized if you have nothing to itemize, I did because my spouse itemizes his tax return because of business

[Ldemers2018]

This answer is not helping me at all I asked a straight question

[xmasbaby0]

You have just discovered one of the many disadvantages of filing married filing separately.  Why are you filing that way?   If your spouse itemized then you also have to itemize---even if it means you do not even get your standard deduction and have to pay tax on all of your income.   You say the spouse is itemizing because of business----is your spouse confusing business expenses that belong on a Schedule C with your itemized deductions that go on a Schedule A?   

If you were legally married at the end of 2020 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 of $24,800 (+$1300 for each spouse 65 or older)  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. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. 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

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

[Opus 17]

If you are filing MFS and one spouse itemizes, then both spouses must itemize even if you have nothing to claim.  It will raise your tax because all of your income will be taxable.  Whether it is to your overall benefit to file MFS instead of MFJ requires a lot of testing.

[Ldemers2018]

my next question is I did claim my son because he is living with me and I’m currently separated from my spouse 

[Skorcher]

Your question is not clear enough. First, are you filing Married Filing Separately or Married Filing Jointly?

The other responses are assuming you are filing separately. In that case they are both correct.

In case you are filing jointly then both your itemized  deductions and  your spouse's itemized deductions are entered into schedule A. TurboTax will report the standard deduction if it's higher than your schedule A deductions.  Business deductions on schedule C have nothing to do with itemized deductions on schedule A.

[Ldemers2018]

My question is i filed marriage separate, I have claimed my son on my taxes for the first time, is this why my tax return is taking sometime ? This is my first time filing marriage separate and claiming my child, my spouse is not claiming him on his taxes 

[Ldemers2018]

I’m filing marriage separate and claiming my son because I’m currently separated from my husband, this is the first time I’m filing separate 

I did chose itemize because he itemized his business expenses on his taxes. My question is why is my return status giving me no information ? My taxes were accepted February 13

[xmasbaby0]

So----you are separated from your spouse?   If you have been separated for at least the last six months of 2020 and your child is with you, then you could file as Head of Household--which would be better than MFS for you,

But now you say that you already filed and you just want to find out about your refund.

TurboTax gives you an estimated date for receiving your refund based on a 21 day average from your date of acceptance, but it can take longer.  “21 days”  is not a promise from TurboTax or the IRS.   Many refunds are taking longer during the pandemic.  The IRS is backlogged —-they are still trying to process millions of 2019 returns; they received millions of e-filed on the day they opened for 2020 returns, and now they are burdened with sending out another round of stimulus checks.   

Some delays are resulting from incorrect amounts that folks entered for stimulus checks they received.   Many people have been confused by the recovery rebate credit and completed it incorrectly.  The IRS may delay your refund while they cross-check to see what you received.

First, check your e-file status to see if your return was accepted: 

https://turbotax.intuit.com/tax-tools/efile-status-lookup/

Once your federal return has been accepted by the IRS, only the IRS has any control.  TurboTax does not receive any updates from the IRS. Your ONLY source of information about your refund now is the IRS.

You need your filing status, your Social Security number and the exact amount  (line 34of your 2020 Form 1040) of your federal refund to track your Federal refund:   

https://www.irs.gov/refunds

To track your state refund:    

https://ttlc.intuit.com/questions/1899433-how-do-i-track-my-state-refund

https://ttlc.intuit.com/questions/1901548-why-do-some-refunds-take-longer-than-others

If you chose to have your TurboTax fees deducted from your federal refund, that will take some extra time, while the third party bank handles the refund processing.

https://www.irs.gov/refunds/tax-season-refund-frequently-asked-questions

https://ttlc.intuit.com/questions/2840013-does-accepted-mean-my-refund-is-approved

https://ttlc.intuit.com/questions/2724106-my-return-is-accepted-but-still-not-approved-is-there-a-pr...

[Alinagm]

My wife and I are filing separately and I just was made aware that she filed already and took standard deduction, while I had planned to file itemized. Wife knows I have significant deductions From my business costs. A few questions please:

1. if I file itemized, will both of us get a fine? How much?

2. If I file itemized does this cause my wife to refile and lose any and all deductions? Will I also lose the deductions entirely?

3. How much is the fine?

4. By her filing first, does she get an upper hand and force me to file the same as her?

thx much

[xmasbaby0]

You may be mixing apples and oranges.   Do not confuse the business expenses you enter on a Schedule C with the itemized deductions you enter on a Schedule A.  They are not the same thing at all.

When you file married filing separately the tax law requires that you each file the same way.  Either you both use standard deduction or you both itemize----it cannot be one of each.

So----either you settle for standard deduction or spouse will have to amend and itemize--even if it is to her disadvantage.  She already filed and you are "locked in" to the way your spouse filed.

Or.....maybe the two of you could agree to amend her return to a joint return.  Why did you file separately---it is usually the worst way to file.

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 of $25,100 (+$1350 for each spouse 65 or older)  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. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. 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

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

[Vanessa A]

If you claim Itemized deductions then your spouse will loose her deductions all together and will likely end up owing the IRS money as her taxable income would increase by $12,550.  

There is no fine for either of you if you use different filing methods, the IRS just takes away the standard deduction for the one using it.

You said you have significant business expenses.  These are not itemized expenses, these expenses would go on Schedule C if you are a business owner or an independent contractor.  If you are an employee, your job expenses are not deductible as itemized expenses.