In a community property state (CA to be specific), are the income allocations on Part III of Form 8379 governed by the rules of the state? For example, say spouse 1 has $60K in W-2 income and spouse 2 has $40K. Are each allocated $50K on the form, or is each listed with the amount shown on the W-2? Thank you.
Injured Spouse Community Property State
Collapse
X
-
Yes, the amounts earned/paid by the Community are split equally in half, each spouse is allocated half of the totals. I assume the spouses lived together during the year and the Community was still intact.Circular 230 Disclosure:
Don't even think about using the information in this message! -
Injured spouse does not work very well in community property states, as the community income can be used to satisfy the debts of either spouse."You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard
"That's enough! When you didn't know what you were talking about, you really had something! [to Curly]" -Moe HowardComment
Disclaimer
Collapse
This message board allows participants to freely exchange ideas and opinions on areas concerning taxes. The comments posted are the opinions of participants and not that of Tax Materials, Inc. We make no claim as to the accuracy of the information and will not be held liable for any damages caused by using such information. Tax Materials, Inc. reserves the right to delete or modify inappropriate postings.
Comment