8958

[cliffordmanskersr]

married filing separate with 8958 but spouse refuses to give w2 what can i do

[AmyC]

Since you are not the first, let's go through the steps you must take.

Step 1: text or email to spouse asking for their w2 info. Keep a screenshot as proof of their lack of compliance. You have shown good faith effort.

Step 2: consider filing form 8857 - request for innocent spouse relief so that you are taxed solely on your income. See What's an innocent spouse and how does it differ from an injured spouse?

Step 3: file a paper return and attach a statement of disclosure.

• Explain you are a resident of a community property state
• Spouse has refused to provide income documentation
• State that you are reporting your income to the best of your ability.