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Tax Year Prior to 2020: I need help with filing an injured spouse form and doing the community property income allocation

I live in a community property state and I need to know how to do the income allocation for filing jointly with my husband.

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3 Replies

Tax Year Prior to 2020: I need help with filing an injured spouse form and doing the community property income allocation

I need help figuring out how much each spouse is allocated line 19. If we are a house of 5. And injured spouse is claiming 1. Is it 20%,30% of what we are getting back

Tax Year Prior to 2020: I need help with filing an injured spouse form and doing the community property income allocation

If you live in a community property state, you will generally split it all 50/50. Some states have specific rules regarding the split, but most community property states follow the 50/50 rule.  The exception would be income earned on assets or investments that were owned by a spouse prior to the marriage and not commingled. Also, inherited income that was not commingled. 

If you don't live in a community property state, you will allocate each spouse's income to the spouse who earned the income.  

Community Property states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin

https://ttlc.intuit.com/replies/3326788

Tax Year Prior to 2020: I need help with filing an injured spouse form and doing the community property income allocation

How does that apply to military families? My husband joined the military in January so he only lived in AZ for three days before he left and then lived in four different states while I stayed in AZ. Then in August we moved to his duty station in North Carolina.

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