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You may be able to claim itemized deductions on a separate return for certain expenses that you paid separately or jointly with your spouse. Deductible expenses that are paid out of separate funds, such as medical expenses, are deductible by the spouse who pays them. If these expenses are paid from community funds, the deduction may depend on whether or not you live in a community property state. In a community property state, the deduction is, generally, divided equally between you and your spouse. For more information refer to Publication 555, Community Property.

If you are receiving social security benefits on your MFS (married filing separate) on your 1040 federal tax return 85% of your SSB will be taxable income to you and would be added to all of your other gross worldwide income and taxed at your marginal tax rate.

Usually it is more beneficial to file as married filing joint than it is to file as married filing separate. To answer your question you will have to prepare a return both ways using the correct standard deduction for each filing status and if one itemizes the other should itemize also as the others standard deduction is -0-. If you do not itemize then the standard deduction for each is $5,700 for 2009.

For more information go to the IRS gov website and use the search box for the publications and tax topic. Publication 501, Exemptions, Standard Deduction, and Filing Information Tax Topic 353, What is your filing status Publication 504 , Divorced or Separated Individuals

And if you live in a community property state you could have other considerations to think about.

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Q: Split deductions when married filing separately?
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husband and wife live together but file separately. both are itemizing deductions. husband pays mortgage and r/e taxes. house in both names. does the mortgage interest and r/e taxes have to be split if all paid by husband or is husband entitled to take ?

“husband and wife live together but file separately. both are itemizing deductions. husband pays mortgage and r/e taxes. house in both names. does the mortgage interest and r/e taxes have to be split if all paid by husband or is husband entitled to take full deduction.”


What is the duplex numeric system in filing?

Duplex numeric is a system of filing that uses a group of two or more code numbers split up by commas, periods, spaces or dashes. It is used for identification of a document as well as for filing it.


Are you supposed to file your taxes as married if you live together and have 2 kids and have filed taxes together in the past?

You do not have to file a joint tax return if you are married. Each year you may elect to file separate or joint. If you file separate, the children you have can only be claimed by one spuse, but the children may be split between the two returns if you choose. Other things like mortgage interest paid can only be claimed by one spuuse. By filing separate you will generally owe and pay more taxes than filing Joint.


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Avaya stock did not split.


I have an IRS lien on my refund for student loan debt and am married. Should we file married filing separate to save my wife's return from garnishment?

That's not necessary, but it could make things easier depending on your situation. There are some things you couldn't claim on your return using the married filing separate (MFS) filing status. If you don't have any children and you don't have any credits that would be affected by the MFS status, then it would probably be easier to file separately. If you do have children or credits you'd be missing out on and want to file joint, then you can do that and the non-debtor can file the form 8379 Injured Spouse Allocation. This form allows the non-debtor to show what portion of the income on the return is theirs and that percentage of the refund will also be hers and not eligible for your debts. They may take the entire refund even if you submit the form with the return, but just send it in again in response to the notice or go down to your local IRS office. This will split the refund according to her income percentage. It doesn't matter who paid more tax, just who has what percentage of income in determining the injured spouse claim. For example, let's pretend that you make $25,000 and only have $1,000 withheld for federal taxes. Let's pretend that your spouse also makes $25,000 and has $1,600 withheld for federal taxes. Then let's say that you file jointly and since you have a kid, your net tax liability is only $800, so you're claiming a refund of $1,800. The injured spouse claim would be for 50% of the refund ($800) because each of you has 50% of the income on the joint tax return. It can be the more favorable option if MFS would disallow you from claiming certain credits. If either decides to adjust their withholding down, remember to make sure you're having enough withheld to cover your taxes if you don't want to owe at the end of the year.

Related questions

husband and wife live together but file separately. both are itemizing deductions. husband pays mortgage and r/e taxes. house in both names. does the mortgage interest and r/e taxes have to be split if all paid by husband or is husband entitled to take ?

“husband and wife live together but file separately. both are itemizing deductions. husband pays mortgage and r/e taxes. house in both names. does the mortgage interest and r/e taxes have to be split if all paid by husband or is husband entitled to take full deduction.”


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