Filing MFS In A Community Property State


A

A.G. Kalman

To all you practitioners in a CP state:
What do you do when a client who lives with his spouse,
doesn't have any pre or post nuptial agreement nor any
written agreement relating to separate property or separate
income, wants to file as married separate and has no idea
what his spouse's income is? And.... says his spouse filed
as married separate.

As some CP states have different laws... I'm in New Mexico.
 
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M

Mark Bole

A.G. Kalman said:
To all you practitioners in a CP state:
What do you do when a client who lives with his spouse,
doesn't have any pre or post nuptial agreement nor any
written agreement relating to separate property or separate
income, wants to file as married separate and has no idea
what his spouse's income is? And.... says his spouse filed
as married separate.

As some CP states have different laws... I'm in New Mexico.
I think the "Community Property Laws Disregarded" section of
Pub 555 might have some bearing on this. I would err in
favor of filing a timely MFS return with all the taxpayer's
income reported over not filing at all due to missing
community income information, unless there's another choice
I'm missing here.

-Mark Bole
 
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