- quote -

Not quite. You always have the right to itemize - the
standard deduction is the option. So if the first to file
chooses to take the standard deduction, and the second to
file chooses to itemize, it is the first to file who will be
forced to itemize when the chips are down.

--
Don EA in Upstate NY

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"Tony Cox" <t...[at]coxrt.com> wrote:
- quote -

Whoever files first gets to choose. The subsequent filer
must then use that method, unless s/he can convince the
first filer to amend.

Dennis

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"Tony Cox" <tc[at]coxrt.com> wrote:
- quote -

The rule is that if one itemizes then both must itemize,
even if detrimental to the other taxpayer (which it often
is). IRS will enforce this on audit.

--
Charles M. Shanes, CPA
Charles M. Shanes CPA, LLC
Richmond, VA
QuickBooks ProAdvisor
Microsoft MPAN Member for SBA
www.shanescpa.com
cshanes[at]-Delete-This-Nospam-shanescpa.com

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<cshanes[at]-Delete-This-Nospam-shanescpa.com> wrote:
- quote -

What happens if one party refuses to tell the other which
method they are using (in the throws of a painful
separation, perhaps)? Or if one party insists upon itemizing
to the detriment of the other? In the ensuing audit, how
does the IRS decide who should use which approach?

Not that it is applicable in this case, of course.

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<macabequeen[at]yahoo.com> wrote:

- quote -

the irs website has a publication that deals with itemized
deductions (don't recall the # offhand) that should address
your questions

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] > > -----> real address on hobokeni or hobokenx <-----

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macabequ...[at]yahoo.com wrote:

- quote -

Business expenses are claimed on a Schedule C, itemized
deductions are claimed on Schedule A. He can claim his
business expenses without itemizing.

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<macabequeen[at]yahoo.com> wrote:

- quote -

If you file Married Filing Separately (MFS), it is true that
if one itemizes their deductions on Schedule A then both
must itemize. The two returns must be the same- either
using the Standard Deduction or itemized deductions.

However, are sure you and your husband are talking about the
same thing?

If your husband is self employed, he is filing a Schedule C
for his business and listing his business expenses there.
This is not the same as "Itemizing". His filing a business
Schedule C is not related to the choice of using the
Standard Deduction or Itemized Deductions (Schedule A).

Schedule C is about business expenses. Schedule A is about
medical expenses, property taxes, state income/sales taxes,
charitable contributions, etc.

Do you realize that using MFS filing status often results in
higher taxes? You may still want to do this given your
circumstances, but you should realize the effect of the
decision.

--
Charles M. Shanes, CPA
Charles M. Shanes CPA, LLC
Richmond, VA
QuickBooks ProAdvisor
Microsoft MPAN Member for SBA
www.shanescpa.com
cshanes[at]-Delete-This-Nospam-shanescpa.com

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<macabequeen[at]yahoo.com> wrote:

- quote -

If he fills out Schedule C, as it sounds like he does, then
he's not itemizing. You can take the standard deduction if
you like.

--
Paul Thomas, CPA
paulthomascpapc[at]bellsouth.net

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macabequeen[at]yahoo.com writes:

- quote -

[snip]

- quote -

You don't *have* to, but if one of the spouses in a "married
filing separately" situation itemizes, then the standard
deduction for the other spouse is *zero*. So you should
itemize.

--
Rich Carreiro rlcarr[at]animato.arlington.ma.us

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macabequ...[at]yahoo.com wrote:

- quote -

He is not itemizing when he takes expenses for the business.
Itemizing goes on Sched A and business expenses go on Sched
C. It sounds like both of you would profit from having a
professional to help you with your taxes.

Missy Doyle

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macabequeen[at]yahoo.com posted:

- quote -

Well, he's correct that if you file separately and one of
you itemizes, the other also must do so. However, his
late-filing practice doesn't necessarily have to preclude
your filing jointly -- as it would be possible to file Form
4868, for an automatic extension of filing time (so long as
tax due is paid by the normal filing date, there is no
penalty).

The other question is, does your husband _have_ to file his
business expenses as itemized deductions? There may be an
option for him to include them as a part of his costs of
self-employment, using Schedule C, and still file MFJ.

If you haven't done so, I would recommend you and your
husband consider consulting with a tax accountant (or an
Enrolled Agent), to weigh the alternatives and their effect
on total taxes due.

If's entirely possible that the MFS option is better than
MFJ ... but at least you might feel better, for having
explored the alternative.

[Please note this group, and particularly this poster, have
no qualifications for moderating marital disagreements --
and take no responsiblity in that area.]

Bill

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<macabequeen[at]yahoo.com> wrote:

- quote -

I'm sure he has countless wonderful qualities, but tax
expert isn't among them. His business expenses go on
Schedule C, which has nothing to do with itemized
deductions, which go on Schedule A. Those are such things
as mortgage interest, state and local taxes and charitable
contributions.

You both must use the same deduction method--standard or
itemized--but his business expenses have nothing to do with
it.

--
Phil Marti
Clarksburg, MD

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My husband is self employed and says that because he
itemizes, i have to itemize. we file seperately because his
is so complicated, he's almost always late filing. The
problem is, he doesn't have a mortgage or property taxes or
anything like that to itemize. He itemizes business
expenses and the like. Does that still count. So I still
have to itemize?

Please help.

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