I have a client in a non-community property state, with a wife in Idaho (community property state), they are separated and keep their income separate except for what he gives for his daughter's support.
A couple of years ago they filed a joint return, as they always do even though they haven't lived together in about 10 years, due to religious reasons won't get divorced, but he didn't include his non-community property income in the idaho tax, he did put it on the ID return, but as non-taxable in ID because it was earned in another state.
I don't think there is much they can do about that year, is there?
For future years, and maybe it can be used for past years, I read that his income can be classified as not community property, as long as they have a written agreement to do so and they don't mix incomes.
I can't find any more details on this written agreement and the terms. Does anyone know the specifics, or where I can find them? Can they do this and still file a joint return? Can it be retroactive? Are there any other requirements? What kind of document must it be? Must it be notarized? She totally supports herself, I assume his paying to support his child isn't considered 'mixing incomes'.
If you have any thoughts for me I'd really appreciate it, especially, if there's something we can do about this current situation, they are both very upset.
A couple of years ago they filed a joint return, as they always do even though they haven't lived together in about 10 years, due to religious reasons won't get divorced, but he didn't include his non-community property income in the idaho tax, he did put it on the ID return, but as non-taxable in ID because it was earned in another state.
I don't think there is much they can do about that year, is there?
For future years, and maybe it can be used for past years, I read that his income can be classified as not community property, as long as they have a written agreement to do so and they don't mix incomes.
I can't find any more details on this written agreement and the terms. Does anyone know the specifics, or where I can find them? Can they do this and still file a joint return? Can it be retroactive? Are there any other requirements? What kind of document must it be? Must it be notarized? She totally supports herself, I assume his paying to support his child isn't considered 'mixing incomes'.
If you have any thoughts for me I'd really appreciate it, especially, if there's something we can do about this current situation, they are both very upset.
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