A case in point is FinCEN’s latest update to its FAQs. On page 28 of the update released on October 3, FinCEN dropped in this new FAQ D.18:

If one spouse has an ownership interest in a reporting company, is the other spouse also considered a beneficial owner if the reporting company is created or registered in a community property state?

Possibly. Whether State community property laws affect a beneficial ownership determination will depend upon the specific consequences of applying applicable State law. If, applying community property State law, both spouses own or control at least 25 percent of the ownership interests of a reporting company, then both spouses should be reported to FinCEN as beneficial owners unless an exception applies.

Quoted at

https://eminutes.com/fincen-the-community-property-conundrum