Author Topic: Married Filing Separate in Community Property State  (Read 1307 times)

Eastsider

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Married Filing Separate in Community Property State
« on: March 22, 2021, 03:10:33 PM »
Hi all - taxes are slightly more complex this year vs last and doing some back of napkin math suggests filing separately will be far better than filing jointly. However, California is a community property state and so in essence 50% of what's mine is hers and vice versa. I'd prefer to not spend $1k+ on a CPA, but the various tax software products aren't really optimized for MFS in community property states. Here's some basic info:

Me: two W2s totaling about $80k; $9k unemployment, $25k via 1099-NEC
S/O: two W2s totaling about $90k
One dependent, don't own a home or have significant taxable investment accounts, usually do standard deduction

From what I gather, I'm supposed to put in half of Box 1 Wages for me and half of Box 2 Taxes for me. (Do I put half of all other boxes, or just the first two?) Then I enter S/O's W2s as though I worked at her companies, entering 50% for at least boxes 1 and box 2. For my 1099-NEC on my return, I'll put in 50% of my income, 50% of expenses, 50% of fed tax. Then S/O does the same on her return.

Questions:
Is this right??
On the 1040, do I enter 50% of SS income/tax and Medicare Income/Tax, or just boxes 1 and 2?
What about boxes 12-14?
State income doesn't apply?
Am I basically right on the 1099-NEC?
How does the child tax credit come into play?
I understand I need to fill out Form 8958. Do I put 50/50 for everything?
Anything else I need to know?

Thanks in advance!

secondcor521

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Re: Married Filing Separate in Community Property State
« Reply #1 on: March 22, 2021, 04:16:43 PM »
I don't know much about MFS except that it is rarely preferred over MFJ except in rare circumstances that don't appear to apply to you.

Why do you think MFS is a better filing status for you?  I mean, I know you said napkin math, but what part of the math is leading to a better result?

The usual reasons for MFS are one party has very high medical bills, or there is disagreement between the two about how to prepare the return.

seattlecyclone

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Re: Married Filing Separate in Community Property State
« Reply #2 on: March 22, 2021, 04:33:27 PM »
May I ask why you've decided to file separately? Filing jointly is usually easier and results in less tax.

Questions:
Is this right??

Entering half on each return sounds generally right. I presume you've read Publication 555?

Quote
On the 1040, do I enter 50% of SS income/tax and Medicare Income/Tax, or just boxes 1 and 2?

The Box 1 wages line will generally translate to Line 1 of your 1040, and the Box 2 tax withholding will generally go on Line 25a of your 1040.

The social security/Medicare tax from your W-2s will come into play when calculating your self-employment tax, and also if you had excess social security withholding (will sometimes happen if you had two jobs and earned more than the social security maximum between the two, but you're below that limit). Other than that these numbers are unlikely to be relevant when preparing your tax return.

Note that the self-employment tax is not split evenly between your two returns. The self-employment income will be split, so you'll each file a Schedule C for half the amount. When it comes to Schedule SE, if you were the only one doing the self-employment work, you'll report the entire amount on your own Schedule SE. See the instructions for Schedule SE for more info about this.

Quote
What about boxes 12-14?

There's a ton of stuff that can go in these boxes. Which ones apply to you specifically?

Quote
State income doesn't apply?

Maybe if you're itemizing deductions, and of course you'll need this for your state return.

Quote
How does the child tax credit come into play?

Only one of you can claim your child as a dependent. I believe that person gets the full child tax credit, but I'm not 100% confident on this point.

Quote
I understand I need to fill out Form 8958. Do I put 50/50 for everything?

Generally yes. If you had some income from separate property (property that predates your marriage or that you inherit while married often counts as separate property, but check your state laws), you wouldn't split those.

stashing_it

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Re: Married Filing Separate in Community Property State
« Reply #3 on: March 22, 2021, 05:46:18 PM »
May I ask why you've decided to file separately? Filing jointly is usually easier and results in less tax.


I'm not the OP,  but I just ran taxes this year and found out that filing separately will save us $2k in taxes.   This is because there are a few credits that we pretty much phase out of if we were filing jointly,  but my spouse just squeaks under the threshold for for filing separately.

I'm not in California,  but what I'm planning to do is enter  all of my W2 information for me,  and all of their W2 information for them.   Basically as though we were living separately and not seeing each others finances.  For deductions based on joint property, like the mortgage interest on the house,  I'm splitting the interest and taxes paid 50/50.    It would be more beneficial to me to split it 30/70 or so,  but I don't think I can do that

secondcor521

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Re: Married Filing Separate in Community Property State
« Reply #4 on: March 22, 2021, 06:49:00 PM »
I'm not the OP,  but I just ran taxes this year and found out that filing separately will save us $2k in taxes.   This is because there are a few credits that we pretty much phase out of if we were filing jointly,  but my spouse just squeaks under the threshold for for filing separately.

Be sure that your spouse actually qualifies for those credits.  Many of the credits are disallowed for MFS filing status, including EITC, LLC, AOTC, and possibly others.  Other credits and deductions may be required to be applied to the higher earning spouse.

stashing_it

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Re: Married Filing Separate in Community Property State
« Reply #5 on: March 22, 2021, 10:54:40 PM »
I'm not the OP,  but I just ran taxes this year and found out that filing separately will save us $2k in taxes.   This is because there are a few credits that we pretty much phase out of if we were filing jointly,  but my spouse just squeaks under the threshold for for filing separately.

Be sure that your spouse actually qualifies for those credits.  Many of the credits are disallowed for MFS filing status, including EITC, LLC, AOTC, and possibly others.  Other credits and deductions may be required to be applied to the higher earning spouse.

I'm pretty sure that they would, in theory, qualify the credit.  However when I was about to file,  I was disappointed to learn that I live in a community property state.  And I then discovered what the OP already knew, which is that in a community property state  income & deductions pretty much have to be split down the middle, unless it's case where one person came to the marriage with a lot more than the other.

So basically my whole plan of doing married filing separately doesn't work, and I might as well do married filing jointly

SeattleCPA

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Re: Married Filing Separate in Community Property State
« Reply #6 on: March 23, 2021, 12:22:36 PM »
Hi all - taxes are slightly more complex this year vs last and doing some back of napkin math suggests filing separately will be far better than filing jointly. However, California is a community property state and so in essence 50% of what's mine is hers and vice versa. I'd prefer to not spend $1k+ on a CPA, but the various tax software products aren't really optimized for MFS in community property states. Here's some basic info:

Me: two W2s totaling about $80k; $9k unemployment, $25k via 1099-NEC
S/O: two W2s totaling about $90k
One dependent, don't own a home or have significant taxable investment accounts, usually do standard deduction

From what I gather, I'm supposed to put in half of Box 1 Wages for me and half of Box 2 Taxes for me. (Do I put half of all other boxes, or just the first two?) Then I enter S/O's W2s as though I worked at her companies, entering 50% for at least boxes 1 and box 2. For my 1099-NEC on my return, I'll put in 50% of my income, 50% of expenses, 50% of fed tax. Then S/O does the same on her return.

Questions:
Is this right??
On the 1040, do I enter 50% of SS income/tax and Medicare Income/Tax, or just boxes 1 and 2?
What about boxes 12-14?
State income doesn't apply?
Am I basically right on the 1099-NEC?
How does the child tax credit come into play?
I understand I need to fill out Form 8958. Do I put 50/50 for everything?
Anything else I need to know?

Thanks in advance!

FWIW, I think this is one of those over-optimizing exercises that doesn't work in practice. It's often a mess to do the community income accounting. The IRS, not used to dealing with community property states, regularly gets confused. (You'll be talking with someone in Georgia or wherever and they won't know what you're talking about...)

Also, really the right way to do this is to do three returns: a married joint and then two married separate returns. It's probably not a cheap analysis.