Depending upon your community property state and how it allocates community property, you may not be able to e-file your tax returns.
This IRS publication addresses your situation.
IRS publication 555 page 8 states:
“Community Property Laws Disregarded
“You are not responsible for the tax relating to an omitted item of community income if all the following conditions are met.
- 1. You didn't file a joint return for the tax year.
- 2. You didn't include the item of community income in gross income.
- 3. The item of community income you didn't include in your gross income is one of the following.
- a. Wages, salaries, and other compensation your spouse (or former spouse) received for services he or she performed as an employee.
- b. Income your spouse (or former spouse) derived from a trade or business he or she operated as a sole proprietor.
- c. Your spouse's (or former spouse's) distributive share of partnership income.
- d. Income from your spouse's (or former spouse's) separate property (other than income described in (a), (b), or (c)). Use the appropriate community property law to determine what is separate property.
- e. Any other income that belongs to your spouse (or former spouse) under community property law.
- 4. You establish that you didn't know of, and had no reason to know of, that community income.
- 5. Under all facts and circumstances, it wouldn't be fair to include the item of community income in your gross income.”
“For information on how and when to request relief from liabilities arising from community property laws, see Community Property Laws in Pub. 971, Innocent Spouse Relief.”
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