Married Filing Separate

[NotEasy]

California is one of the community property states that husband and wife have to add their income together and each report 1/2 of it if they choose to file separately.

What about if the wife refuses to file a joint return with the husband? And she even refuses to reveal any of her tax information to the husband. Is there any special provision that the husband can file the tax return with his own income because there is no way he can obtain the tax information of his wife?

[S T]

Have a similar issue

"Not Easy" You are not alone! I have one as well, Domestic Violence Order, and the husband is not providing information. Spouse (my t/p) just learned the husband filed HOH which is not qualified as he was "physically removed" from the property in August 2010.

Now what?

Sandy

[JG EA]

In this case just file what you have and let the IRS sort it out.

[joanmcq]

I beleive not knowing the other spouse's financial info is an exception to the requirement to report under community property. But it's late and I'm fried and my ulcer is acting up.

This information is not written, etc, etc, etc, ad nauseum.....

[MariaR08]

I filed one return this way; my taxpayer's husband would not provide any information at all so we had nothing to report. I simply put 0 and filed it. I haven't heard anything from my client so far and this was a 2008 return I prepared.

Maria

[Possi]

CA MFS??'s

I'm going to do my sister's tax return while I watch the basketball game tonight, and she and her husband split last year. They are still married, no legal separation or anything. She moved to Texas and he is still in CA.

It is best that she file separately from him.

Since I don't normally do CA returns, it didn't occur to me that we would need any of his information. I am suddenly not clear on her part-year status in CA, either.

Do I have to include his information (which I do not have) and if I do, and if I get it, does that tie my sister into doing a full year CA return? It sounds really stoooooopid to me.

[taxea]

Sometimes our legislature does not think things through thoroughly before they pass laws.

I would do the return and on every line that allows a detail I would type in "spouse refused", then I would tell the client to provide a copy of the protective order if the taxing agency questioned the fact that the filing instructions were not followed.

[Gary2]

Sometimes our legislature does not think things through thoroughly before they pass laws.

I think this situation is an inevitable outcome of community property principles that predate any US based legislative acts.

In the normal case of MFS (or RDP) and some community income, the IRS asks for an attached worksheet. There are special rules for spouses living apart the entire year, for which an attached note might be helpful.

Ultimately, don't be surprised if 8857 is required under the special rules for community property.

[Gary2]

Since I don't normally do CA returns, it didn't occur to me that we would need any of his information. I am suddenly not clear on her part-year status in CA, either.

Since Texas is also a community property state, wouldn't the same apply to him needing her info, at least for his federal return? (Obviously he doesn't need to worry about filing a TX return.)

And you may need to sort out which state's rules apply, if there are relevant differences.