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Intuit Community Champion
October 20, 2022
Question

Married Filing Separate -- Standard vs. Itemized Deductions

  • October 20, 2022
  • 22 replies
  • 82 views

Anyone aware of how you should handle a situation where a client is filing Married Filing Separate because their marriage is in an acrimonious collapse, the other spouse has already filed their returns, but refuses to tell my client whether they took the Standard Deduction or itemized their deductions?

How do I know whether my client is supposed to take the Standard Deduction or itemize if he has no idea how his spouse filed?

This topic has been closed for replies.

22 replies

IRonMaN
Level 15
October 20, 2022

Have they itemized in the past?  That's a good starting point.  If they have, is it reasonable that the other spouse would have had enough expenses to clear the standard deduction?  When in complete doubt, you could go the most conservative route to avoid any negative IRS notices down the road.

Slava Ukraini!
JOFIIntuit Community ChampionAuthor
Intuit Community Champion
October 20, 2022

In this specific case, it is highly likely the spouse took the Standard Deduction, but the client doesn't know that for sure.

My question is how can my client protect himself if he does not know with certainty how spouse handled deductions?

dkh
Level 15
October 20, 2022

Would the spouse be willing to tell you?  Have client ask them to call you.

JOFIIntuit Community ChampionAuthor
Intuit Community Champion
October 20, 2022

This option has been pursued.  The spouse is entirely non cooperative.

BobKamman
Level 15
October 20, 2022

You have already figured out that standard deduction would be better for your client?

JOFIIntuit Community ChampionAuthor
Intuit Community Champion
October 20, 2022

Where did I say that?  His spouse has already filed her returns.  He now needs to follow her lead, regardless of which option is preferable for him personally.  I am just trying to figure how to do that when the spouse refuses to divulge this information.

Accountant-Man
Level 13
October 21, 2022

Do it the best way. Let the IRS tell you otherwise.

** I am "Elevating with Intention!"