ReginaM
Expert Alumni

Get your taxes done using TurboTax

Yes, File your return correctly reflecting a Married Filing Separately Status with the IRS.  You will need to file a paper return.

 

The IRS will process your return and send you your refund, in the normal time. You may receive a letter from the IRS, stating that your community property income is not reflected on your return, telling you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing.  

 

 

If this happens, communicate with the IRS stating that you no information on the Community Income to report on your return.  The IRS will guide you what to do at this stage.

 

In a community property state, If you file a federal tax return separately from your spouse, you must report half of all community income and all of your separate income. Likewise, a registered domestic partner must report half of all community income and all of his or her separate income on his or her federal tax return. You each must attach your Form 8958 to your return showing how you figured the amount you are reporting on your return.

 

Generally, the laws of the state in which you are domiciled govern whether you have community property and community income or separate property and separate income for federal tax purposes.

 

Please see IRS Publication 555 for more information.

 

 

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

View solution in original post