So my understanding is that you even though divorce is not final you can file HOH. But your in Wisconsin, a community property state. So you split everything on form 8958 Allocation of Tax Amounts Between Certain Individuals in Community Property States. Than e-file says you have to file MFS to use form 8958. What the heck? Just want the best result for my client . . . . Suggestions?
-
-
Community Property laws for Wisconsin says all wages, etc. need to be split between former spouses. This is always a trick because usually by this point neither party is cooperating with the other. You need to be careful with HOH. If the divorce has not been finalized by end of 2018, the question is have they not lived with each for the past six months of 2018. If you can't e-file and you can claim HOH and paper file. Don't forget due diligence for HOH. Make sure you are not working directly with each former spouse, a potential conflict of interest. You might be able to find out from the "other" tax preparer the other former spouse's income, etc. These situations in a community property state are always a challenge. Sometimes I have had to file the return for my client without being able to obtain any info from the other former spouse and let the IRS and the state dual it out between the parties. Sometimes it is also good to say goodbye and let some franchise office deal with it. -
Sparky, Wisconsin came out with a new publication (February 2019), Pub 113.pdf, which discusses HOH, income splitting, and uncooperative spouses. see pages 19 and 32. You can download the pub from WI DOR site.Comment
Comment