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Do i have to report K1 form when my husband and i filling separately. He received k1 form. Do i have to report this form on my taxes too?

 
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JulieCo
New Member

Do i have to report K1 form when my husband and i filling separately. He received k1 form. Do i have to report this form on my taxes too?

No, if the K-1 is in his name and he is reporting it on his return, then you do not include the K-1 on your return when filing separate, unless you are in a community property state.

Updating this for California being a community property state, as since your spouse is a resident of CA and the income is his, then it would be deemed community income and need to be split: 

Division of Income: California is a community property state. The domicile of the spouse/RDP earning the income determines the division of income between spouses/RDPs when separate returns are filed. Each spouse/RDP must follow the laws in his or her state of domicile to determine whether income is separate or community. When separate returns are filed, you and your spouse/RDP must each report half of the community income plus all of your separate income on your return.  
https://www.ftb.ca.gov/forms/2018/18_1031.pdf


[Edited 3-14-19|11:04am]

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3 Replies
JulieCo
New Member

Do i have to report K1 form when my husband and i filling separately. He received k1 form. Do i have to report this form on my taxes too?

No, if the K-1 is in his name and he is reporting it on his return, then you do not include the K-1 on your return when filing separate, unless you are in a community property state.

Updating this for California being a community property state, as since your spouse is a resident of CA and the income is his, then it would be deemed community income and need to be split: 

Division of Income: California is a community property state. The domicile of the spouse/RDP earning the income determines the division of income between spouses/RDPs when separate returns are filed. Each spouse/RDP must follow the laws in his or her state of domicile to determine whether income is separate or community. When separate returns are filed, you and your spouse/RDP must each report half of the community income plus all of your separate income on your return.  
https://www.ftb.ca.gov/forms/2018/18_1031.pdf


[Edited 3-14-19|11:04am]

Do i have to report K1 form when my husband and i filling separately. He received k1 form. Do i have to report this form on my taxes too?

just wanted to make sure cause we live in California which is a community state and was not sure if there is considered community income or not
JulieCo
New Member

Do i have to report K1 form when my husband and i filling separately. He received k1 form. Do i have to report this form on my taxes too?

Yes, since your husband earned the income and is a resident of CA, then it would be considered community income and need to be split.  Thank you for clarifying your situation.  I updated the answer above with the CA information.  
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