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null725
Level 13
June 7, 2019
Solved

Standard or itemized deduction, married filing separately

  • June 7, 2019
  • 2 replies
  • 1 view
Is it mandatory if you're married and filing separately that both spouses have to either take the standard or itemized deduction? My wife took standard deduction but I wanted to take itemized as I get more money back.
Best answer by AnthonyC

Yes, but there is actually nothing stopping you from filing MFS with itemized deductions.  The problem would then shift to your spouse.  The IRS rule is written such that if one spouses itemizes, then the other spouse is not eligible for the standard deduction and must itemize or take no deduction.  Its not applied the other way around as in, if one spouse takes the standard, then you must also take the standard.  This means when you itemize, the standard deduction will be taken away from your spouse.  So, whether that is something you want to do is your decision, but, in the end, you both must have the same deduction.  There is no way around that rule.

IRS Publication 501

Page 22-23:  Under Persons Not eligible for standard deduction

https://www.irs.gov/pub/irs-pdf/p501.pdf 

2 replies

A
AnthonyCAnswer
Level 12
June 7, 2019

Yes, but there is actually nothing stopping you from filing MFS with itemized deductions.  The problem would then shift to your spouse.  The IRS rule is written such that if one spouses itemizes, then the other spouse is not eligible for the standard deduction and must itemize or take no deduction.  Its not applied the other way around as in, if one spouse takes the standard, then you must also take the standard.  This means when you itemize, the standard deduction will be taken away from your spouse.  So, whether that is something you want to do is your decision, but, in the end, you both must have the same deduction.  There is no way around that rule.

IRS Publication 501

Page 22-23:  Under Persons Not eligible for standard deduction

https://www.irs.gov/pub/irs-pdf/p501.pdf 

    A
    a_alam102
    Level 2
    June 7, 2019
    What if the spouse is a foreign/non-resident alien and I am filing as married filing separately instead of getting an ITIN for him, can I itemize deductions even though he is not required to file US tax?
    M
    malarcon77
    Level 2
    February 19, 2020

    How about if you are legally married but separated and have different households, each separated spouse claim a separate child as a dependent, therefore both can claim Head of Household.  Does this Itemized vs. Standard Deduction rule still apply to this situation?

    DoninGA
    Level 15
    DoninGALevel 15
    Level 15
    February 19, 2020
    @malarcon77  wrote:

    How about if you are legally married but separated and have different households, each separated spouse claim a separate child as a dependent, therefore both can claim Head of Household.  Does this Itemized vs. Standard Deduction rule still apply to this situation?

    Does this Itemized vs. Standard Deduction rule still apply to this situation?

     

    Yes it does.

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