We file Married Filing Separately. A 1099-Misc was mistakenly sent to me for rental proprty fully owned by my spouse. Do my spouse still file 1099-Misc on her return?

[villa18rs]

We file Married Filing Separately. My spouse soley own two rental properties. One of the 1099-misc sent by the rental maganement company mistakenly has my name on it. Should my spouse still file both 1099-Miac on her return? Do I also submit that 1099-misc on my return?

[macuser_22]

Why #1 file separately - joint is usually always better?

Why #2 is your name of the 1099-MISC if you do not own the property?    Have the payer issue a corrected 1099-MISC.

[villa18rs]

1. MFS work best based on our situation.
2. The payer has not been asked yet to issue a correct 1099-misc. The error occurred because the rental company forgot to notice the ownership name on this particular property. This has fixed for 2018 but the matter is for 2017 taxes.

[Carl]

For MFS to be more beneficial is extremely rare. But the person whose SSN is on the 1099-MISC is the one that has to report it. So either they report it, or get the issuer to issue a corrected 1099-MISC.
In order for them to correct it, they must first issue a 1099-MISC to the original recipient changing all values to zero. That 1099-MISC will have the "corrected" box checked. Then a new 1099-MISC is issued to the correct recipient, and on that one the "corrected" box will *not* be checked.

[villa18rs]

Thank you This is very helpful.

[Opus 17 · Accepted solution]

The income will always be reported on your spouse's tax return.  Ideally, get a corrected 1099-MISC.  

If not, your spouse adds the income even though they didn't get the form, and you leave the 1099 off your return.  When the IRS sends the CP2000 notice that you omitted a 1099, reply by explaining the situation, showing a copy of your spouse's return with the income listed, and include copies of correspondence requesting the payor change the 1099.

Obviously better to get a reissued/corrected 1099 instead.

[Carl]

yes, if the payer refuses to correct the 1099-MISC, make sure you document your attempts to get them to do so. Everything needs to be in writing, and everything should be sent via certified mail, return receipt required (not requested).
That way if they don't change it, then when you get audited on it do as Opus says. The end result is that the payor who refused to issue a corrected return will be audited and fined accordingly. (Their fine will not be cheap either.)

[villa18rs]

Thank you for the wonderful tips. Will follow, very halpful, combined with what Opus' says.