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engineer010

Separated Filing Taxes

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I have been separated from my wife 18 months. We have not filed any separation papers or divorce papers just living apart. Can we file separately and I still itemize on my taxes while she takes the standard deduction? If not who will the IRS penalize? The one who itemizes or the one who takes standard deduction? We live in west Virginia.

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I have been separated from my wife 18 months. We have not filed any separation papers or divorce papers just living apart. Can we file separately and I still itemize on my taxes while she takes the standard deduction? If not who will the IRS penalize? The one who itemizes or the one who takes standard deduction? We live in west Virginia.

 

Sentinel1900 is correct; if one spouse itemizes, the other must itemize deductions too. What this means is that if one spouse takes the standard deduction and the other itemizes the IRS will deny the standard deduction for the spouse that claimed it. Whether the IRS would apply the negligence penalty for that I cannot say without more details about the return, but it’s a possibility. 

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