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Level 3
posted Mar 19, 2023 2:39:27 PM

Community Property Addition Adjustment/Subtraction Adjustment Needed if we live separately and do not talk

Hello,

 

I am living separately from my husband in California. I was part-time UT and part-time CA resident in 2022. My total income is around $47,000. He was UT full-time resident. I am not even sure how much he made in 2022. We do not talk. I assume around $10,000. Since he was UT full-time resident and we live separately (not legally separated yet), do I still need to select Yes for Community Property Adjustments? Thank you!

 

@VictoriaD75 

@MaryK4 

0 2 223
1 Best answer
Expert Alumni
Mar 19, 2023 4:27:19 PM

No, you most likely do not have community income.  Because you separated before you moved to California and he does not have any contact with you, your income falls into the exception below (see Community Property Laws Disregarded).

 

Certain community income not treated as community income by one spouse. Community property laws may not apply to an item of community income that you received but didn't treat as community income. You are responsible for reporting all of that income item if:

  • You treat the item as if only you are entitled to the income, and
  • You don't notify your spouse of the nature and amount of the income by the due date for filing the return (including extensions).

2 Replies
Expert Alumni
Mar 19, 2023 4:27:19 PM

No, you most likely do not have community income.  Because you separated before you moved to California and he does not have any contact with you, your income falls into the exception below (see Community Property Laws Disregarded).

 

Certain community income not treated as community income by one spouse. Community property laws may not apply to an item of community income that you received but didn't treat as community income. You are responsible for reporting all of that income item if:

  • You treat the item as if only you are entitled to the income, and
  • You don't notify your spouse of the nature and amount of the income by the due date for filing the return (including extensions).

Level 3
Mar 22, 2023 5:36:04 PM

Thank you so much!