turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

pslf
Level 1

Married filing separately in community property state, first year

Hello -- My wife and I were married this summer. We will be filing separately in a community property state. How do we calculate our income this year? Should we treat the entire year as community property since we were married status on December 31, should we prorate our incomes from the date of marriage, or take on the immense task of calculating our income (pay stubs, interest-bearing accounts) from before and after the date of our marriage to identify joint and separate money?

 

Any guidance, links, or referrals would be immensely appreciated -- thank you!

Connect with an expert
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

1 Best answer

Accepted Solutions
DMarkM1
Expert Alumni

Married filing separately in community property state, first year

You will want to check the laws of your state for final determination, but on page 3 and 4 of Publication 555 you will find the discussion and Table 1 on the subject of community and separate property/income. 

 

Generally, community income/property is that which is earned "during the marriage" while "domiciled in the community property state".  Also, if under an agreement a property became a joint property then the date of that agreement is the start date for any community earnings.  Anything outside of that is generally separate.  Again you will want to check with your state taxing agency for final determination.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

View solution in original post

4 Replies
KurtL1
Expert Alumni

Married filing separately in community property state, first year

When filing separate in a community property state the article Five Tax Tips for Community Property States could be beneficial to you.

 

The IRS Publication 555 - Community Property will provide guidance when filing in a Community Property state.

 

 

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

Married filing separately in community property state, first year

I have the same question as the OP and I have read the two links you posted (plus more). I haven't been able to find a definitive answer - nothing about what you do if just married or if you transmuted separate property to community property part way through the year (which is my case).

 

Since everything I have read does not mention prorating or splitting community property based on the date of marriage or transmutation, I have to conclude that newlyweds who file separately must treat community property as if it was owned by both spouses for the whole year.

 

I'll keep searching for the answer...

DMarkM1
Expert Alumni

Married filing separately in community property state, first year

You will want to check the laws of your state for final determination, but on page 3 and 4 of Publication 555 you will find the discussion and Table 1 on the subject of community and separate property/income. 

 

Generally, community income/property is that which is earned "during the marriage" while "domiciled in the community property state".  Also, if under an agreement a property became a joint property then the date of that agreement is the start date for any community earnings.  Anything outside of that is generally separate.  Again you will want to check with your state taxing agency for final determination.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
Anonymous
Not applicable

Married filing separately in community property state, first year

Related answer here.

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question
Manage cookies