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e-file and married filing separate


Tax Prep by Deb

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I should have been clearer. We are in California which is a community property state. Only the wife worked and she doesn't want her refund going to pay his children's back child support. I told her I would look at it both way MFJ and MFS with injured spouse claim. It turns out that it probably would be better to file separately however I have to split the income and if I do it only on the W-2 it causes a mismatch. So in the past there was a worksheet we filled out and sent with the return that shows the split.

Deb!

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Just found my answer. They have changed the worksheet to a specific form. Irs form #8958

Is that the same form that I have to use for a couple divorced and November and court ordered to file under the community property rules and put my name in the decree as the person to do it. I know that years ago there used to be a worksheet. What a PIA.

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The form is from the IRS, not ATX. And it's a frikkin' pain (I do a ton of same-sex couples and if you think the community property split is bad for your return..... :wall: )

I'm on an LGBT tax listserve, and we are in communication with the IRS regarding this form and it's limitations.

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