I have a person come to me who is married and has been married for a number of years. They live in Arizona and in 2022 she files marries filing separate using only her tax information her husband did not file at all. Since they live in a community property state, I told her we would need to amend her 2022 return and either change status to married filing joint and include his tax information or amend her return and calculate their joint information then divide by 2 and filing them both MFS. Their last tax preparer HRB filed them MFS using their individual information for each of their return. I want to be sure I am correct before I proceed. I usually turn away business when 1 has already filed their own taxes and the other want me to file using only their income. I took this one on only because they need to file 2023 and 2024.
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Have you looked at Publication 555, under "Community Property Laws Disregarded"? The first point might apply to your situation (and if not, look through the other points).
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I believe you also will need on a MFS return to include the Social Security number of the other spouse. I suggest you check to see if it's required.Uncle Sam, CPA, EA. ARA, NTPI FellowComment
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The income on her 2022 was for her business (sch c) which he is a contract employee another (sch c)Comment
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Was there a 1099-NEC required to be filed and issued for that year?Uncle Sam, CPA, EA. ARA, NTPI FellowComment
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No 1099 nec was issued. She is listed as owner, and he is listed as presidentComment
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