JulieCo
New Member

Business & farm

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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