PatriciaV
Employee Tax Expert

Investors & landlords

Yes, if you file separately from your spouse and you owned the property jointly with your spouse, you would report the sale on both separate returns.

Allocate the rental activity (income & expenses) according to the ownership (typically 50/50 for spouses). Do the same for the sale - basis, proceeds, and selling expenses.

If, however, only one of you held the property, the rental activity and property sale would be reported on the return for the owner-spouse.

The IRS rules for passive activity (including rental) may limit your ability to deduct a loss when filing separately from your spouse. If you had a net loss for the year, or on the property sale, you may wish to consult a local tax professional who may be more familiar with your specific tax situation.

Note: Married Filing Separately when you live in a community property state can be complicated. See the following for help:
https://ttlc.intuit.com/replies/3301943

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