If one spouse files first and takes the itemized deduction, and LATER the other spouse files and use STANDARD, what will happen?
Nobody can file as head of household, filing jointly is not an option.
2007-03-29 06:16:18 · 7 answers · asked by QKG 2 in Business & Finance ➔ Taxes ➔ United States
Both have to file the same way, so the second return will be rejected automatically.
This is one of the reasons why the "married seperate" status was conceived in Hell by Satan himself. Filing with this status is the worst thing you could ever do. If your mate is sticking you in this situation, either get with them and file joint (and split the difference--there WILL be a big difference in what you both pay combined), or cut the blood sucker loose.
Let it happen once.
(That's "once" with an "o". It will cost you a lot of money to not finalize your seperation.)
Susan above has interpreted "community property" only superficially. You have to find out whether you're in a "minority" state or a "majority" state before you can determine whose income is whose.
2007-03-29 09:14:05 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The spouse who filed and took the itemized deduction will eventually get a letter from the IRS disallowing the deduction, and telling them how much extra tax they owe, plus interest and possible penalties.
It doesn't matter who filed first - even if the first one to file took the standard deduction, they'd have it disallowed if their spouse filed later and itemized.
2007-03-29 12:13:19 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
The spouse who took that standard deduction will have their tax recalculated with the standard deduction amount re-set to $0.
It would NOT matter which spouse filed first! If either itemizes deductions, BOTH must itemize and if the other takes the standard deduction at any time their tax will be recalculated.
2007-03-29 06:21:13 · answer #3 · answered by Bostonian In MO 7 · 3⤊ 0⤋
Also - if you live in a community property state, you are each considered liable for 1/2 of your earnings and 1/2 of your spouse's earnings.
MFS is the least desirable filing status. You should try to avoid it if at all possible.
2007-03-29 07:42:46 · answer #4 · answered by Susan S 2 · 0⤊ 0⤋
i assume you haven't any longer any little ones. seek for advice from an criminal expert to work out if the divorce papers volume to a criminal separation rfile on your state. if so, why no longer get her to sign it after which you will record as single. while you're nonetheless considered married as of 12/31/2012 then you easily would desire to record as married submitting one after the other (i assume your better half does not prefer to record a joint return with you). outcomes with Social amenities isn't a tax difficulty so i do no longer handle it...yet methinks she in step with danger has no longer disclosed her marital prestige.
2016-12-08 13:41:21 · answer #5 · answered by ? 4 · 0⤊ 0⤋
na your screw, the 2nd spouse has to file itemize ded by federa law
2007-03-29 08:53:02 · answer #6 · answered by Kenshin 5 · 0⤊ 0⤋
I agree with the first answer 100%.
2007-03-29 06:29:50 · answer #7 · answered by Anonymous · 1⤊ 1⤋