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can one individual file early to set the precedence on taking the standard deduction versus itemizing? In other words, if the first person files on Jan 1 & takes the standard deduction, and later the 2nd person files and itemizes, will the 2nd person get a letter later & be limited to the standard deduction???

I know most times it's best to file jointly, but that might not be possible & in absence of that the first individual would be better with the standard deduction.

Please only answer if you KNOW (no guesses).

2006-12-07 12:07:49 · 5 answers · asked by Mariska 2 in Business & Finance Taxes United States

5 answers

If the couple is under a legal separation order as of December 31, the two individuals can file their tax returns as single. No need to file as married filing separate.

2006-12-07 13:22:37 · answer #1 · answered by jseah114 6 · 0 0

This is a tough question because however one spouse file when filing separately, the other must do the same thing. You can also attempt to itemize and take all of the itemized deductions and leave your spouse with none except possibly state income tax and charitable contributions.

Sorry, I have to guess here. I think that you can take the standard deduction and force your spouse to do the same. I think that you will just have to see what happens with the IRS. Just remember, you need to put your spouses SSN on your tax form so the IRS can track it.

2006-12-07 12:17:21 · answer #2 · answered by Steve 6 · 0 1

It doesn't matter who files first. When filing as married filing separately, if one itemizes, then the other has to also. If your spouse files later than you do, but itemizes, you'll be required to go back and itemize also if you filed first, but took the standard deduction.

2006-12-07 13:18:38 · answer #3 · answered by Judy 7 · 0 0

i became divorced in Illinois and there became no longer some thing about a 6 month separation or some thing like that. The time relies upon on once you've a freelance labored out earlier you bypass to courtroom. If baby help, visitation, branch of sources, and so on is determined, then issues might want to take some months.

2016-11-24 22:02:22 · answer #4 · answered by Anonymous · 0 0

the answer is yes if you file seperate returns - remember - you are filing seperate returns.

2006-12-07 12:20:50 · answer #5 · answered by Anonymous · 0 1

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