Another MFS question

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  • Openfire
    Member
    • Feb 2013
    • 81

    #1

    Another MFS question

    Taxpayer and spouse divorcing. Both have lived in the home the entire year. They have always filed MFJ. Wife has an office with a business in the home. They are splitting all assets/deductions. Should the husband be able to claim any of the home office expenses, even if she is the only one earning income in the home business? Both have W-2 income from other sources.
  • Kram BergGold
    Senior Member
    • Jun 2006
    • 2112

    #2
    Home Office

    Assuming they are in a non community property state, as it is her business, only she can claim home office. She can only take 1/2 of the depreciation as he owns half the house.

    Comment

    • Openfire
      Member
      • Feb 2013
      • 81

      #3
      Thank you! That is what I was thinking as well. However, would he be entitled to claim any of the utilities/expenses (percentage) as they shared the utilities/home expenses?

      Comment

      • Openfire
        Member
        • Feb 2013
        • 81

        #4
        Thank you! That is what I was thinking as well. However, would he be entitled to claim any of the utilities/expenses (percentage) as they shared the utilities/home expenses?

        Comment

        • bgiez
          Senior Member
          • Apr 2006
          • 175

          #5
          Since husband has no business and therefore no Schedule C with its accompanying form 8829 business use of home, he has nowhere to deduct utilities or other home expenses (other than his portion of mortgage interest and property taxes on Schedule A).

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