jmacpa
Level 2
03-29-2019
09:31 PM
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Is it possible for one taxpayer to claim part of the other spouses state and local income taxes paid or withheld in order to reach the $5,000 max on a married filing separate return, specifically where the spouses file separately due to the State's marriage tax penalty? I haven't seen anything to specifically preclude this, but would like some input on whether this is a valid tax planning strategy.
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itonewbie
Level 15
03-30-2019
12:27 AM
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Unless the couple is domiciled in a community property state, the withholdings are separate properties, so you can't arbitrarily allocate them between the two spouses.
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Still an AllStar
Still an AllStar
jmacpa
Level 2
03-30-2019
10:28 AM
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Thank you for the quick response. Ohio is a marital property state which considers property and assets acquired in marriage as belonging to both. Marital property is considered Community Property. It seems to be a slight difference in wording but not substantially in meaning and intent. Is there something that I am missing?
