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.
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
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
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?
did you find an answer to your question? I'm in the same situation
No, I was not able to get a definite answer on this. However from researching, it seems like I can choose either standard or itemized deduction. If later on spouse files for this year, they will probably need to match whichever deduction I took. It's just that both cannot take different deductions, which in my case is irrelevant since he won't be filing (no deductions). The only catch is you will have to paper file and mail return.
What is the spouse already filed HOH, standard deduction. Can I itemize and it not effect him? How do I get around the question "Did you spouse use standard deduction or itemize deduction"? If I chose Standard, it forces me to use Standard also.
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?
@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.
I want to change for itemizing to standard can I do it with starting over?
If you want to change from Itemized Deduction to Standard Deduction in TurboTax Online, while logged in to your return:
Thank you for your feedback. However how do I convert my wife's Turbo Tax reporting to from Std. Deduction to itemized. This isn't being done automatically like I had expected.
This link How do I change from the standard deduction to itemized (or vice-versa)? has information on how to switch between standard and itemized deductions.
Good morning, I could not finish making my statement because I have the following problem,
I do not know what option I should take for deductions since I have no communication with my wife, we are separated and when I am filling out the application the following appears:
Taxpayers must take the same deduction as their spouse. The IRS verifies the spouses' statements, and if the deductions don't match, there is a penalty.
That means you and your spouse must take the Standard Deduction or itemize your deductions.
Check with your spouse. If you have already submitted it, you are locked in your choice.
I do not know which option she took, what should I do in this case so that I am not fined?
You have to bite the bullet and reach out to her, otherwise there's a 50/50 chance you get a penalty
@Rayalston It's nice to try to help other users. Pay attention to the dates their questions were posted. You just replied to a question that was asked in April.
@xmasbaby0 Thanks. I saw the date the question was posted but I felt like responding to it anyway. Sorry if you had an issue with me responding but it is what it is.
@Rayalston No issue at all----please reply any time to something you want to reply to -- we welcome it. Just a hint since you are relatively new to the user forum.