Efile error - separated spouse filed wrongly

[Ian74]

I attempted to efile my taxes as married filing separately since I am still legally married with no court decree. We didn't live together for any of 2019 and the divorce process has been long and ugly. I tried to ask for her tax information through attorneys since we live in a common property state; I received nothing.

The efile error message said that my spouse's information was wrong. I contacted her since everything looked alright in the forms to find that she filled as single- head of household. Now the system won't accept my efile and the old direct deposit information to her account will be used for any covid payments.

If that money is deposited into her account I will never see it and will owe it back with having a higher income now. 

She also lives in the same home with someone that is also claiming head of household for another dependent.

Do I still file as Married filing separate? Do I need to mail in my taxes? Should I contact the IRS about her filing status and improper use of HoH?

[ReginaM · Accepted solution]

Yes, File your return correctly reflecting a Married Filing Separately Status with the IRS.  You will need to file a paper return.

The IRS will process your return and send you your refund, in the normal time. You may receive a letter from the IRS, stating that your community property income is not reflected on your return, telling you that if you made a mistake to file an amended return and if you didn't make a mistake to do nothing.  

If this happens, communicate with the IRS stating that you no information on the Community Income to report on your return.  The IRS will guide you what to do at this stage.

In a community property state, If you file a federal tax return separately from your spouse, you must report half of all community income and all of your separate income. Likewise, a registered domestic partner must report half of all community income and all of his or her separate income on his or her federal tax return. You each must attach your Form 8958 to your return showing how you figured the amount you are reporting on your return.

Generally, the laws of the state in which you are domiciled govern whether you have community property and community income or separate property and separate income for federal tax purposes.

Please see IRS Publication 555 for more information.

[nesjoy]

E-file error- my SS# is wrongly written- for both returns