Welcome back! Ask questions, get answers, and join our large community of tax professionals.
- Topics
- Training
- Community
- Product Help
- Industry Discussions
- User Groups
- Discover
- Resources
Intuit Biz e-filing closure on December 21 at 6:00PM PST. Select your product for more Hot topics. Lacerte | ProConnect | ProSeries
Intuit Biz e-filing closure on December 21 at 6:00PM PST. Select your product for more Hot topics. Lacerte | ProConnect | ProSeries
Turn on suggestions
Auto-suggest helps you quickly narrow down your search results by suggesting possible matches as you type.
Showing results for
- Intuit Accountants Community
- :
- Industry Discussions
- :
- Tax Talk
- :
- State and Local Tax Limitation for Married Filing Separate
State and Local Tax Limitation for Married Filing Separate
Options
- Mark Topic as New
- Mark Topic as Read
- Float this Topic for Current User
- Bookmark
- Subscribe
- Printer Friendly Page
jmacpa
Level 2
03-29-2019
09:31 PM
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Is it possible for one taxpayer to claim part of the other spouses state and local income taxes paid or withheld in order to reach the $5,000 max on a married filing separate return, specifically where the spouses file separately due to the State's marriage tax penalty? I haven't seen anything to specifically preclude this, but would like some input on whether this is a valid tax planning strategy.
Labels
This discussion has been locked.
New comments cannot be posted on this discussion anymore. Start a
new discussion
2 Comments 2
itonewbie
Level 15
03-30-2019
12:27 AM
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Unless the couple is domiciled in a community property state, the withholdings are separate properties, so you can't arbitrarily allocate them between the two spouses.
---------------------------------------------------------------------------------
Still an AllStar
Still an AllStar
jmacpa
Level 2
03-30-2019
10:28 AM
- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
Thank you for the quick response. Ohio is a marital property state which considers property and assets acquired in marriage as belonging to both. Marital property is considered Community Property. It seems to be a slight difference in wording but not substantially in meaning and intent. Is there something that I am missing?
