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My husband and I are in process of divorce. He has stated…

My husband and I...

My husband and I are in process of divorce. He has stated that he will file an individual return for 2017. My medical insurance payments were deducted from his paycheck in 2017. Can he claim a deduction for that or is the deduction mine to claim?

Accountant's Assistant: Which tax year is the deduction for?

2017

Accountant's Assistant: Anything else you want the Accountant to know before I connect you?

Our finances we're comingled from Jan thru Sept of 2017

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4/12/2018
Tax.appeal.168
Tax.appeal.168, Tax Accountant
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If you did not reimburse your husband for the medical insurance payments, then if he meets the medical deduction requirements, he can claim those deductions because he paid for them. In order for him to deduct these expenses, he would add the payments to other medical expenses and then he can deduct only those medical expenses that exceed 7.5% of his AGI, and he has to itemize. As the two of you will be filing separately, if he itemizes, you will have to itemize as well. SEE BELOW:

If you itemize your deductions for a taxable year on Form 1040, Schedule A.pdf, Itemized Deductions, you may be able to deduct expenses you paid that year for medical and dental care for yourself, your spouse, and your dependents. You may deduct only the amount of your total medical expenses that exceed 7.5% of your adjusted gross income. You figure the amount you're allowed to deduct on Form 1040, Schedule A.

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Tax.appeal.168
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Customer reply replied 4 months ago
I will be itemizing and he is unable to. Thank you very much. Your response was helpful

You are very welcome. Note that when filing married filing separately, both spouses are required to file the same way, either claiming standard deductions or itemizing. One spouse cannot itemize and the other doesn't. The IRS does not allow that and they will check.

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Thank you for the positive rating. I do appreciate it.

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