Christian Posted March 29, 2013 Report Share Posted March 29, 2013 A separated female has come in and will be filed as head of household having two children living with her. In looking at her info it appears her half of itemized deductions will exceed the standard deduction for the head of household filing status. Can she file as hoh and use itemized deductions ? I've never seen this before but I see no reason she could not except that her spouse may file as married filing separate and use the standard deduction. Quote Link to comment Share on other sites More sharing options...
Lion EA Posted March 29, 2013 Report Share Posted March 29, 2013 Make sure they did not live together for the last six months of 2012. She can always itemize. As HoH, she can even take standard deduction. The only thing she can't do is file MFS and use standard if her spouse itemizes. Quote Link to comment Share on other sites More sharing options...
jainen Posted March 29, 2013 Report Share Posted March 29, 2013 >>her half of itemized deductions<< Not sure what this means--please explain. Quote Link to comment Share on other sites More sharing options...
Terry D EA Posted March 30, 2013 Report Share Posted March 30, 2013 I too am troubled by "her half of itemized deductions" Waiting to hear Quote Link to comment Share on other sites More sharing options...
Christian Posted March 30, 2013 Author Report Share Posted March 30, 2013 The couple has been separated for eleven moths of 2012. He lives in Maryland she in Williamsburg VA. He lives in their once shared home and pays the taxes and mortgage payments for now. If she files mfs she can claim only half of the itemized deductions. Why would this not apply to the hoh status assuming this provides the larger deduction ? Quote Link to comment Share on other sites More sharing options...
Christian Posted March 30, 2013 Author Report Share Posted March 30, 2013 I have decided to go with hoh with the standard deduction. She has no idea what status the husband will use. Should he file mfs and not use his half of the itemized deductions this could cause her problems in two years or so. This is likely not the most aggressive approach but caution in tax matters has stood me in good standing over many years. Quote Link to comment Share on other sites More sharing options...
Christian Posted March 30, 2013 Author Report Share Posted March 30, 2013 I have decided to go with hoh with the standard deduction. She has no idea what status the husband will use. Should he file mfs and not use his half of the itemized deductions this could cause her problems in two years or so. This is likely not the most aggressive approach but caution in tax matters has stood me in good standing over many years. Quote Link to comment Share on other sites More sharing options...
Lion EA Posted March 30, 2013 Report Share Posted March 30, 2013 It doesn't matter what her ex uses; she can itemize. However, "half" is what is being questioned. She has to be legally obligated to pay an expense and actually pay an expense to deduct it. If she paid half the mortgage interest and real estate taxes, she can deduct her half. If she didn't pay, she can't deduct. Does she have deductions for her new VA residence paid during 2012? Quote Link to comment Share on other sites More sharing options...
Pacun Posted March 30, 2013 Report Share Posted March 30, 2013 I guess she is a very nice woman who doesn't receive child support and YET pays half of the expense for the house where the husband lives WHILE she is upkeeping a home which is the main home for her child. 1 Quote Link to comment Share on other sites More sharing options...
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