Yes, you would split the refund if it was community income. California is a community property state. When filing a separate return, each spouse/RDP reports the following:
- One-half of the community income
- All of their own separate income
Community property rules apply to the division of income if you use the married/RDP filing separately status.
If you’re married/registered domestic partner (RDP), you may choose to file separately. Each spouse or partner will prepare a separate tax return and report their individual income and deductions.
- Tax rates are higher for the married/RDP filing separately filing status
- If one person files itemized, the other spouse/RDP must file itemized as well
- Generally, you do not qualify for Earned Income Tax Credit (EITC) or Child and dependent care credit. Check the CALEITC eligibility page for more information.
- Standardized deduction is reduced (1/2 of married/RDP filing jointly)
See this California FTB webpage and IRS Publication 555 for more information.
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