Thursday, May 13, 2010

When filing married seperate instead of joint, can we still write off the mortgage interest on one?

we always file married joint, and am trying to file seperate this time because of all of my business expenses. but which one can write off the mortgage?When filing married seperate instead of joint, can we still write off the mortgage interest on one?
On a separate tax return, if one spouse itemizes deduction then other spouse must also itemize deductions.


Read http://taxipay.blogspot.com/2008/04/list鈥?/a>When filing married seperate instead of joint, can we still write off the mortgage interest on one?
Either one but not both of you can deduct the interest on the mortgage. But if one of you itemizes, the other must also - the other person can't claim a standard deduction when filing as married filing separately.





Figure your taxes as joint, and as married filing separately. If the business expenses you refer to are unreimbursed employee business expenses, it's possible that you have one of the rare situations where filing separately is better, unless you would be eligible on a joint return for credits that aren't available if you file as MFS. If the business expenses are for a business one of you runs, then you'll more likely do better with a joint return
Mortgage interest is split between the owners based upon their ownership percentage and how much they actually paid. A married couple filing separately would generally split the deduction between themselves equally. See the instructions for Schedule A for the additional documentation requirements for splitting mortgage interest since only one of your names and SSNs will appear on the Form 1098 from the mortgage company.





The IRS generally won't fuss if one of you claims the entire deduction but keep in mind that if one of you itemizes the other must itemize as well, even if that means taking a Standard Deduction of $0.





Normally the business expenses of one spouse won't materially affect the taxes in deciding to file jointly or separately. In most cases you'll still pay the least total tax on a joint return. The advantage of filing separately in this case is that it isolates each of you from the other's tax liability. That can be a consideration with business income and expenses especially if you're not sure of your spouse's ability to keep accurate business records.
The one who itemizes would take the mortgage interest deduction. If you itemize and your spouse does not, then your spouse cannot take the standard deduction. Generally you end up paying more taxes if you file separately.





You also lose other tax credits if you file separately. See page 22 of IRS publication 17.





http://www.irs.gov/pub/irs-pdf/p17.pdf
You have to ensure that you were legally entitled to claim the interest. See IRS pub 504.





Even if this is one individual, be aware that *both* spouses must itemize. If all the expenses end up on one tax return, the other spouse puts down $0.
yes

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