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Ryan_TX
New Member

Married, but residing in different states

My residence is TX, but my wife's residence is LA. It appears that LA is a community property state. 

 

My question is, if we file our Federal income tax separately, does she still have to claim my income in her community property when filing the State income tax?

 

Because if it doesn't matter how we file Federal, if a portion of my income is factored into her State income tax... then we might as well file jointly. 

 

Thanks for the help!

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1 Reply
rjs
Level 15
Level 15

Married, but residing in different states

Texas is also a community property state.


See "Spouses living apart all year" on pages 8 - 9 of IRS Publication 555, Community Property.


Since this is an unusual situation, and the laws are complex, you may wish to consult a local tax professional.

 

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