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- 8958 when spouses not sharing info
8958 when spouses not sharing info
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Strongsilence-C
Level 10
04-13-2023
02:29 PM
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Allocating wages 50/50 in a community property state on Form 8958.
MFS
Spouses not sharing info/not talking.
So I can't allocate wages 50/50.
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2 Comments 2
IntuitAlicia
Employee
04-13-2023
03:41 PM
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To suppress the 8959 in Lacerte you can override the community property rules in Screen 3 using the field "Apply community property rules: 1=no, 2=yes" by entering a '1'.
However, I'm not certain if there are any penalties the IRS would apply to the spouses for not filing the form when required. I didn't see anything referencing it in the instructions or within a quick search through IRS FAQs. Lacerte will not produce any additional information.
