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- How can I suppress Form 8958? A taxpayer has a mailing address in a community property state, but does not live there (lives abroad) and does not need this form.
How can I suppress Form 8958? A taxpayer has a mailing address in a community property state, but does not live there (lives abroad) and does not need this form.
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mwdissen
Level 1
04-29-2020
07:14 PM
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1 Comment 1
itonewbie
Level 15
04-29-2020
08:32 PM
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You must have chosen the community property state as the Resident State as of 12/31. If that is not a resident of any state, select US from the dropdown.
However, whether an asset or income is subject to community property law is not dependent on tax residency but domicile of the individual. For example, it is possible for an individual to be a nonresident of CA based on the safe harbor rule but remains a domicile and would, therefore, be subject to community property law.
Just thought I'd bring that up since your question seems to imply that community property law doesn't apply simple because the individual does not live in that state.
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