MFS Question

[peggysioux]

Taxpayer has not filed 2018 tax return yet. In 2018 taxpayer was married and lived with spouse all year. Per taxpayer, taxpayer and spouse planned to file jointly when they did file. However, spouse decided to file on her own last month. She did not ask taxpayer for his tax info and he was under impression that they would be filing together. So my question is this…..taxpayer has spouse’s W2 and tax info for 2018. When he files his tax return, should he file under the community property regulations and claim ½ his income and ½ her income if she did not? I understand there are exceptions that allow for spouses to only claim their income in instances where spouses don’t have knowledge of other spouse’s info. However, this situation is convoluted (much like any couple going through a divorce), and taxpayer does have spouse’s info.

How would other tax preparers handle?

PeggySioux

[Lion]

Although several states have community property rules, they do vary. What state are your clients in? Hopefully preparers in that state will jump in here.

[peggysioux]

Although several states have community property rules, they do vary. What state are your clients in? Hopefully preparers in that state will jump in here.

California.

[Dude]

1. Tell client that splitting spouses income is required in CA
2. Listen as client tells you that her husbands income is non of your business
3 Tell client that past years returns must also be amended
4. Take all kinds verbal abuse as client leaves
5. Be mocked by CPA who "just let them leave the spouse income off the return"