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Returning Member

Married filing separately in community property state - question

The rule for 2017, is for married filing separately, you only have to report taxes if you make over $4050.  Let’s say you are in a community property state, I think that means husband and wife split 50/50 of the income.  So let’s say husband makes $7000, does he still have to file taxes?  Does that mean he actually made $7000 or does it mean he technically made $3500 and doesn’t have to file taxes (and wife gets the other $3500)?

3 Replies
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Level 11

Married filing separately in community property state - question

Look at the Federal Filing Requirements first.  If you husband had earned income of $7000 he would be required to file.

Here's more info:

https://ttlc.intuit.com/replies/3302274

The State interview in TurboTax for a community property state will help you split income.  Usually 'earned income' will belong to the person that earned it.  Unearned income (like interest) may be split 50/50.  

Here's instructions to help you:

https://ttlc.intuit.com/replies/3301943

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Returning Member

Married filing separately in community property state - question

@TurboTaxMarilynG the entire $7000 is social security money from gov.  No other income.  So is SSA money considered earned income and this means he has to file (married filing separately) over $4050?

@TurboTaxMarilynG do you know if the wife's 50% portion of her husband's SSA money, count as income for her?
Highlighted
Level 11

Married filing separately in community property state - question

If this is his only income, he is not required to file.  It is not considered 'earned income' for anyone.
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