Married filing Separately for Community Prop

Forum|Forum|3 years ago
January 3, 2023
8 replies
52 views

Hi to all. I have reviewed almost all of questions about how to file Married filing Separately on Proseries.

1- First I want to share my idea: If Proseries makes a short video regarding MFS like bunch of videos' are available that would be fine. In my opinion Proseries experts should check all questions presents in Community, here. Count, how many questions we have regarding Married Filing Separately here, endless!!!!!!!!!!!!. An organization like Intuit better off pay attention for demands came on Community then make productive videos.

2- Question: If the other one is not available and spouse does not have his/her tax docs, income whatever, but have SSN, how can file MFS? can put $1 front of whatever she/he has as income or .....on form 8958.

MY FLAG IS CA/USA

ProSeries Professional

This topic has been closed for replies.

T

TaxGuyBill

@HOPE2 wrote:

2- Question: If the other one is not available and spouse does not have his/her tax docs, income whatever, but have SSN, how can file MFS? can put $1 front of whatever she/he has as income or .....on form 8958.

Depending on the details, there are some circumstances that their income would not be treated as Community Income. See IRS Publication 555 for details. For example, why is the other's information not available? Did they live with each other at all during the year? Do they share income? Why is the spouse unwilling to provide their income to the other spouse?

https://www.irs.gov/publications/p555#en_US_202001_publink1000168798

https://www.irs.gov/publications/p555#en_US_202001_publink1000168805

HOPE2Author

Level 7

Community Property Laws
Disregarded:

When one spouse considers all of his/her income on MFS file, and the other one as well, it means Community Property Laws Disregarded happened. is it right? if not please correct me. At this situation what would be the box of Are allocated community..... Yes or No? If we check No, does IRS pursue up why we checked NO in a community state. And should we attach what documents for in this return?

I really appreciate you taking the time to answer this.

T

TaxGuyBill

@HOPE2 wrote:

When one spouse considers all of his/her income on MFS file, and the other one as well, it means Community Property Laws Disregarded happened. is it right?

That's not exactly what the Publication says.

Without you telling us the specific circumstances of this situation, it is difficult or impossible guide you very well.

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