You'll need to sign in or create an account to connect with an expert.
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
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
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
slscholtz8
New Member
SWEXPY
Returning Member
riveroceanandearth
New Member
in Education
mjs9876543210
Returning Member
JJensen75
Level 1