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posted Jun 7, 2019 3:47:59 PM

I am unsure about the community income thing, my and my husband have been living separate for over a year now. What does this mean for my income exactly?

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Expert Alumni
Jun 7, 2019 3:48:01 PM

It depends on your state.  The following states are considered community property states:  Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.  If either you or your spouse live in one of these states, the IRS does require you to follow that state's guidelines on community property (income and possessions).  The states vary on their laws, but in general you cannot simply claim your income only on your tax return.  You still must combine your income with your spouse's and divide it proportionately according to the community property guidelines of your state.  The following FAQ provides additional information: https://ttlc.intuit.com/replies/3301943


Because of this, you may still wish to file a joint return (legal as long as your married; you do not need to live together to file a joint return).  Since many credits and deductions are disallowed for Married Filing Separate filers, you may find it more advantageous and possibly simpler.  Here is an FAQ with more information on this:  https://ttlc.intuit.com/replies/3288477