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Level 3
September 21, 2023
Question

What to do when a community property state spouse will not provide documents for income tax preparation

  • September 21, 2023
  • 5 replies
  • 26 views

My client lives in a community property state (California).  She lived in separate residents from her spouse for all of 2022. She has three children. She does not have a legal separation document from the court.

She has requested her spouse's W-2 and 1099 information to file for 2022. He will not provide it.

She can file HOH but Form 8958 is still required to show the community property allocation of income.

Any advice?

Thank you

 

 

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5 replies

Intuit Community Champion
September 21, 2023

I am in Wisconsin, and have had several clients in your situation, and I just don't fill out the 8958. I make a note in my clients file that spouse would not provide information. Never had an issue in over 30 years. Don't know if IRS would agree

Just-Lisa-Now-
Intuit Community Champion
September 21, 2023

Im with Terry on this, you cant force anyone to give you info., I just check the NO box at the top of the 8958 and use my clients info only.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Level 15
September 22, 2023

It sounds like the spouse is treating it as non-community property.

https://www.irs.gov/publications/p555#en_US_202001_publink1000168799

 

BobKamman
Level 15
September 22, 2023

All I know is what I learn from the Internet.

"California uses the date of separation as the essential date for determining property interests; property acquired by a spouse after the date of separation is considered to be that spouse’s separate property, while property acquired before the date of separation is community property."

 https://cadivorce.com/california-divorce-guide/what-to-expect/significance-of-the-date-of-separation/ 

Busy123Author
Level 3
September 22, 2023

Thank you Bob. However, it's my understanding that the "separation" must be a "judicial separation" to file other than MFS.

BobKamman
Level 15
September 23, 2023

And where did you get that understanding?

PATAX
Level 12
September 24, 2023

We don't have that issue in Taxsylvania, so I don't know much about it. What I do know is that when a couple is going through a divorce or a separation people get spiteful sometimes. That is why I usually tell both of them to go take a hike. I don't have time for Chuck E Cheese games.