Will the IRS force my husband to amend his return?

[seahawkdriver]

I just found out my soon to be ex husband filed Married Separately, Standard Deduction, and already received his refund.  I filed an extension and am preparing to file MS, Itemized (to document my small business startup and capital investments).  He refuses to discuss amending his return and filing jointly or itemizing, as he doesn't understand business write-offs and thinks I'm trying to put one over on him.  My business made $9500, while generating $11,000 in write-offs, but I paid no taxes and am getting no refund as a result.

[Zbucklyo · Accepted solution]

From what you describe, there is no need for your husband to amend his return. You are confusing business expense deductions with personal itemized deductions.  The most common itemized deductions are state income or sales tax, property taxes, and charitable deductions. You appear not to have itemized personal deductions on your return, so your husband does not need to itemize.

[fanfare]

In other words, your expenses go on Schedule C.
You still have to take the standard deduction, since he did.

[Zbucklyo]

Just as an aside - if one taxpayer filing MFS itemizes, the other must itemize (or technically, take a standard deduction of zero).  The IRS does not change the return of the itemizer, only the one taking the standard deduction.  Irrelevant in this case.

[fanfare]

You're saying the answer to the poster's question is YES. Does not seem irrelevant to me.

[Zbucklyo]

No.  The husband took the standard deduction, and OP is taking the standard deduction.  Perfectly ok.  If the OP itemized (which they did not), then spouse would have to itemize as well.

[SweetieJean]

@seahawkdriver  Do you live in a Community Property State?