Wisconsin - Can a taxpayer file MFJ if the federal return is MFS

[togcpa]

Previous tax preparers have file this client this way, but the Wisconsin instructions say you must start from the AGI on the federal return.  That is not possible since the federal AGI is on 2 different returns.

[Just-Lisa-Now-]

so what did the previous preparers use as the federal AGI on the WI returns?

[togcpa]

IDK, I didn't look at it too closely since I think it's wrong.  WI is community property state so both spouses have almost identical income reported, except one is a partnership in a farm partnership in Iowa, so that is not community property income.

[Terry53029]

I have done several in Wisconsin that way, you just combine both incomes and deductions and file WI MFJ

[TaxGuyBill · Accepted solution]

According to Wisconsin Publication 109:

If you and your spouse meet the requirements, you may file a joint Wisconsin return even though you file separate federal returns. In order to use a different filing status for Wisconsin purposes, prepare a pro forma federal return using the same filing status as for Wisconsin. Label this recomputed federal return "Wisconsin" and submit it with your Wisconsin income tax return.

https://www.revenue.wi.gov/DOR%20Publications/pb109.pdf#page=11

[togcpa]

Thanks, that helps.  I don't think any client pays enough for that much work.  That also means the WI MFJ cannot be electronically filed.

[Terry53029]

can be efiled

[itonewbie]

"I don't think any client pays enough for that much work" That could be billable work but it all depends on your clients' level of income and whether the cost to them will be worth the tax savings based on your assessment without even starting the scenario projections.

[TT_User]

I plan to file MFS for federal and MFJ for WI. I prepared three separate tax returns, 2 MFS for my spouse and I for federal and 1 for MFJ for WI. How do I efile the WI tax return with the recomputed federal return? Also, can I efile the MFS federal returns without efiling the state returns?