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Bifurcation filing as S but dividing assets

monicac
Level 4

I have a client that got a Bifurcated from his spouse during 2020 however how can I file him as single but split the assets on the form 8958 Allocation of Tax amounts between certain individual in community property states?

The instructions say the form can be filed if they are married filing separate and live in community property state

OR

File as Single, is in a same sex RDP and lives in CA, NV or WA

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5 Comments 5
Just-Lisa-Now-
Level 15
Level 15

if they are still legally married, Single isn't a choice.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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monicac
Level 4

Bifurcate means they are no longer married but their assets have not yet been separated.

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Just-Lisa-Now-
Level 15
Level 15
If therye no longer legally married, then Single is an option. They each take their own share of joint accounts on their Single returns, you don't add a 8948 to a Single return.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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monicac
Level 4

They have about 20 1099-Div and 1099-Int as well as 2 rental houses in both names. If I only list half of the amounts on my client's return won't he get a letter from the IRS?

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sjrcpa
Level 15

Maybe. Then you write a letter of explanation.


Ex-AllStar
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