I have to file married but seprate do i need my wifes tax info?

[ctucker1290]

I just need to know if i really need my soon to be ex-wifes tax return to file mine or can i file without it?

[Opus 17 · Accepted solution]

The IRS needs to track both returns to make sure you don't do anything improper.  For example, if one spouse itemized their deductions, the other spouse must also itemize, even if they don't have any deductions.  Or making sure you both don't claim the same mortgage interest and property taxes.

If you don't include your spouse's SSN, you can't e-file.  You would have to print your return and mail it, and the IRS requires that you attach a statement explaining you don't know your spouse's SSN, and giving her identification (name, address, birth date, etc.)  If you file without this information, processing your refund may be delayed.

[macuser_22]

And if you live in a community property state you must allocate income between both spouses.   In divorce situations that is best handled by a tax professional.

[ctucker1290]

I live in New York and I have been told that we are no longer able to file our taxes thru mail and that is has to be done online. I do not live with the wife and I cant get a response from her at all to get a copy of her tax. She did give me her SSN.

[ctucker1290]

The info im having problems finding out from her is they want to know the AGI

[ctucker1290]

Also we both came to an agreement that we weren't going after each others taxes.

[Opus 17]

I don't think you need anything other than her name and SSN, when filing separately.  Oh I remember, you need her income info for the Premium Tax Credit.  If you have insurance not through the ACA then you shouldn't need her financial info.  If you do have ACA insurance and got the tax credit then I'm not sure there is any way around it, I am not an expert on the ACA.  But you aren't "going after" her taxes, you need to establish your overall household income to see if you are qualified for the PTC.  

Maybe someone else can answer.

Even in NY, if you have a tax situation that disallows e-filing (such as you don't have required information) then you can file by mail without a penalty.