ljwalters Posted February 12, 2010 Report Share Posted February 12, 2010 If one of the spouses files head of house and also files sch A does the other filing MFS still have to file sch A. I know the answer is yes but just thought I would check, of course my client is not the head of house. They are staying married only so he can keep her on his medical. Poor sucker. Linda Quote Link to comment Share on other sites More sharing options...
Pacun Posted February 12, 2010 Report Share Posted February 12, 2010 Not really. If one spouse files Schedule A and they didn't live together at all in 2009, the other can use the standard deduction. In this case the other person doesn't have to itemize deductions. If they live together at some point in 2009 and one of them itemizes, the other doesn't to itemize or use schedule A according to the IRS. That person's standard deduction is zero. As you can see, the other person is not forced to itemize on neither circumstance. (I sound like Jainen, don't I?) Quote Link to comment Share on other sites More sharing options...
Jack from Ohio Posted February 12, 2010 Report Share Posted February 12, 2010 Head of Household is NOT available for either of them if they are married. Two options: Married filing Joint, or Married filing separately. If married filing separately, then both must either itemize, or both claim standard deduction. Quote Link to comment Share on other sites More sharing options...
grandmabee Posted February 12, 2010 Report Share Posted February 12, 2010 Head of Household is NOT available for either of them if they are married. Two options: Married filing Joint, or Married filing separately. If married filing separately, then both must either itemize, or both claim standard deduction. Yes they can file HH if child at home over half the year and they paid the over half the cost of home and spouse didn't live in the house last 6 months of year Quote Link to comment Share on other sites More sharing options...
Pacun Posted February 13, 2010 Report Share Posted February 13, 2010 If married filing separately, then both must either itemize, or both claim standard deduction. No, if one itemizes the other one doesn't have to itemize as I stated before. Quote Link to comment Share on other sites More sharing options...
BulldogTom Posted February 13, 2010 Report Share Posted February 13, 2010 Pacun - you are partially correct. If the two spouses are eligible to file a joint return and file separately and one spouse itemizes, the other spouse can choose to take the standard deduction, but the amount of the standard deduction amount is zero for the spouse that did not itemize. §63 If one of the spouses qualifies to file as head of household, then the IRS has ruled in a Service Center Advice that the rule above may not apply. Tom Lodi, CA Quote Link to comment Share on other sites More sharing options...
Pacun Posted February 13, 2010 Report Share Posted February 13, 2010 Pacun - you are partially correct. If the two spouses are eligible to file a joint return and file separately and one spouse itemizes, the other spouse can choose to take the standard deduction, but the amount of the standard deduction amount is zero for the spouse that did not itemize. §63 If one of the spouses qualifies to file as head of household, then the IRS has ruled in a Service Center Advice that the rule above may not apply. Tom Lodi, CA This is what I said originally: If they live together at some point in 2009 and one of them itemizes, the other doesn't to itemize or use schedule A according to the IRS. That person's standard deduction is zero. Quote Link to comment Share on other sites More sharing options...
BulldogTom Posted February 13, 2010 Report Share Posted February 13, 2010 Okay - I went back and re-read your post and you did say that, but I did not read it that way at first. You are becoming like Jainen. You are such a wannabee. ;0) Tom Lodi, CA Quote Link to comment Share on other sites More sharing options...
Pacun Posted February 13, 2010 Report Share Posted February 13, 2010 Okay - I went back and re-read your post and you did say that, but I did not read it that way at first. You are becoming like Jainen. You are such a wannabee. ;0) Tom Lodi, CA lol. I even said that I sounded like Jainen. lol. Quote Link to comment Share on other sites More sharing options...
mcb39 Posted February 13, 2010 Report Share Posted February 13, 2010 Yes they can file HH if child at home over half the year and they paid the over half the cost of home and spouse didn't live in the house last 6 months of year This is the correct answer for the MFS, HOH question, in its entirety. Of course, they have to be separated as bcolleen states and the custodial parent has to comply with all HOH qualifications. Quote Link to comment Share on other sites More sharing options...
jainen Posted February 13, 2010 Report Share Posted February 13, 2010 >>This is the correct answer for the MFS, HOH question, in its entirety<< Not in its entirety--for Head of Household, the CHILD must also be a qualifying child or a qualifying relative. (Wow, now even I'm starting to sound like jainen!) Quote Link to comment Share on other sites More sharing options...
mcb39 Posted February 13, 2010 Report Share Posted February 13, 2010 Did I not say that the custodial parent had to comply with all HOH requirements? Of course, the child would have to comply also. (Woe is me, I am even beginning to sound like Jainen) Quote Link to comment Share on other sites More sharing options...
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