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March 19, 2020
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My husband and I are filing married but separate for the 1st time. I am claiming our son as deduction. But do we have to"split" property taxes and mortgage interest?

  • March 19, 2020
  • 2 replies
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Best answer by bluedeb

It depends,  in general, you split them based on who paid for what.  If your incomes were combined, you can split them in any reasonable matter, but the total amount must equal what is on your 1098. 

 

If one person makes a specific donations then only that person should claim them (ex. her medical expenses, he donated clothes, etc). 

 

Also,  that if one spouse itemizes, the other spouse must also itemize, so you can't shift all the deductions to one spouse and the other spouse use the standard deduction.

 

If you and your spouse file separate returns and one of you itemizes deductions, the other spouse must also itemize, because in this case, the standard deduction amount is zero for the non-itemizing spouse.

 

  • You may claim itemized deductions on a separate return for certain expenses that you paid separately or jointly with your spouse.
  • When paid from separate funds, expenses are deductible only by the spouse who pays them.
  • For example, if otherwise deductible medical expenses are paid from an account owned by one of the spouses or in a community property state from an account that's the separate property of one of the spouses under the laws of that state, only that spouse may claim a deduction for the expenditure.
  • When expenses are paid from funds owned by both spouses, such as from a joint checking account or accounts considered community property under the laws of the state in which the spouses reside, you should generally split the deduction between you and your spouse.
  • For example, if amounts are paid from a joint checking account for interest on a residence both you and your spouse own, you would each deduct half of the mortgage interest paid on your separate returns.
  • However, if only one of you is eligible for a deduction for an expense (for example, real estate taxes on a property owned only by the eligible spouse), only the spouse who is eligible for the deduction is allowed to claim it, even if the expense is paid from joint funds. Each spouse must maintain records documenting who is considered to have paid the expense.

2 replies

March 19, 2020

You do not have to split property taxes and mortgage interest.

 

However, please note that when a married couple files separately, both spouses have to use the same deduction method; Standard deduction for both OR itemized deductions for both.

 

If one spouse used itemized deductions, the other also has to itemize even if the itemized deductions are less than the standard deduction.

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March 19, 2020

Hi, That is where I am confused.  I selected "itemize" deductions vs standard and since I am the working parent I am taking our son as the deduction, his tuition, property taxes and mortgage insurance.  What would my husband even need to itemize then?  All he had was one month of Uber that he is filing.  

 

bluedeb
bluedebAnswer
Employee
March 19, 2020

It depends,  in general, you split them based on who paid for what.  If your incomes were combined, you can split them in any reasonable matter, but the total amount must equal what is on your 1098. 

 

If one person makes a specific donations then only that person should claim them (ex. her medical expenses, he donated clothes, etc). 

 

Also,  that if one spouse itemizes, the other spouse must also itemize, so you can't shift all the deductions to one spouse and the other spouse use the standard deduction.

 

If you and your spouse file separate returns and one of you itemizes deductions, the other spouse must also itemize, because in this case, the standard deduction amount is zero for the non-itemizing spouse.

 

  • You may claim itemized deductions on a separate return for certain expenses that you paid separately or jointly with your spouse.
  • When paid from separate funds, expenses are deductible only by the spouse who pays them.
  • For example, if otherwise deductible medical expenses are paid from an account owned by one of the spouses or in a community property state from an account that's the separate property of one of the spouses under the laws of that state, only that spouse may claim a deduction for the expenditure.
  • When expenses are paid from funds owned by both spouses, such as from a joint checking account or accounts considered community property under the laws of the state in which the spouses reside, you should generally split the deduction between you and your spouse.
  • For example, if amounts are paid from a joint checking account for interest on a residence both you and your spouse own, you would each deduct half of the mortgage interest paid on your separate returns.
  • However, if only one of you is eligible for a deduction for an expense (for example, real estate taxes on a property owned only by the eligible spouse), only the spouse who is eligible for the deduction is allowed to claim it, even if the expense is paid from joint funds. Each spouse must maintain records documenting who is considered to have paid the expense.
bluedeb
Employee
March 19, 2020

@teripendland  the rules of Married Filing Separate states each couple must either both use the Standard Deduction or both use Itemized Deductions.  You can't file as Married Filing Separate if you don't both use the same deduction.