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I am planning to file married filing separately. Why didn't i get asked about my husband's income? I completed all the way to filing and it never asked me once.

I was under the impression after researching that I have to claim 50% of my husband's income
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4 Replies
ee-ea
Level 15

I am planning to file married filing separately. Why didn't i get asked about my husband's income? I completed all the way to filing and it never asked me once.

Do you and spouse live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin?

LindaS5247
Expert Alumni

I am planning to file married filing separately. Why didn't i get asked about my husband's income? I completed all the way to filing and it never asked me once.

For your federal tax return, if you are filing as married-filing-separately, you wouldn't be entering your husband's income, unless you are in a community property state.  It’s not necessary for married couples to declare their spouse’s income when filing separately—unless they live in a community property state.
 

Most married couples benefit from filing jointly, since the tax rate is lower and you do not forfeit your deductions and credits.

 

If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), then certain states have laws about community property defining how they expect Married Filing Separately couples to share, or allocate, income. 

 

TurboTax has allocation screens and a worksheet to assist you in entering any adjustments your community property state may require when filing separately.

 

For more information, refer to IRS Publication 555 Community Property.


If you're using TurboTax Online, we recommend that you transfer your return to the TurboTax Desktop version. You'll save time by entering less information.

Begin by completing a MFS federal tax return for you and your spouse, as you'll need the amounts for different income categories, tax amounts, and all tax payments for each of you. If one of you plans to itemize deductions, the other person must itemize as well. Otherwise, you'll both have to use the Standard Deduction.

You may not be able to e-file, in which case TurboTax will guide you through the steps to print and mail your return.

Entering income adjustments for a community property state

First, use your community property state rules to determine what adjustments you expect to enter in TurboTax. Often one return has an addition to income and withholding, while the other will have a reduction (subtraction) to income and withholding.

  1. Sign in to TurboTax and open or continue your return.
  2. Search for community property and select the Jump to link.
  3. On the Community Property Income screen, select Yes and follow the instructions to enter any income adjustments.

Complete the community property worksheet

After you've told us your income adjustments, you'll have to fill out the community property worksheet. The worksheet shows how the income on this tax return compares with the other taxpayer's return.

Your community property worksheet will appear right after you complete your income adjustments.

If you can't find the worksheet:

  1. Sign in to TurboTax and open or continue your return.
  2. Search for community property worksheet and select the Jump to link.

We’ve added clear instructions directly on the worksheet to guide you through filling it out correctly.

Once you've determined how to split both your combined income and tax withholding between you and your spouse, continue with your state tax return.


Continue entering or checking all other information necessary for both state returns. Be sure to review your federal and state returns for completeness and accuracy when you are finished.

 

Depending on how tax withholding payments are allocated between the two MFS returns in a community property state, the IRS may not accept e-filed MFS tax returns at this time.

 

If your tax return is rejected with error code 0103, print the tax return with the community property worksheet and mail the return to the IRS.

 

Click here for information on married filing separately in community property states.

 

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I am planning to file married filing separately. Why didn't i get asked about my husband's income? I completed all the way to filing and it never asked me once.

If I am filing a separate return why do I have to list my spouse’s information on my return?

Even if you file separate returns (the worst way to file) you each have to list each other's SSN's and some other information on your own tax return.  The IRS can then cross check to make sure you are not "double dipping" for itemized deductions, dependents, etc.

 

If you are in a community property state, there is more information that will be needed.

Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI

 

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

 

https://turbotax.intuit.com/tax-tips/marriage/five-tax-tips-for-community-property-states/L4jG7cq7Z

 

 

 

 

If you were legally married at the end of 2023 your filing choices are married filing jointly or married filing separately.

 

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $27,700 (+$1500 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return.

 

 Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice since with online, you get one return per fee.

 

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

I am planning to file married filing separately. Why didn't i get asked about my husband's income? I completed all the way to filing and it never asked me once.

I have a similar situation, which ended up costing me peace of mind. I filed married filling separately, but in the end- the system reported my husband income too towards my total gross income. What a mess and error on their end! Now I’m told I have to do a 1040x. 

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