My sister lives in WA which is a community property state. She and her husband live in the same house but they live completely separate lives (financially and emotionally) and have for several years. There is no legal separation in place. They filed jointly last year because it made financial sense. She's done filing jointly, even if it reduces her refund.
For 2014, she intends to file MFS. Her personal situation is simple with respect to income as she has one W-2. Her husband's situation is more complicated. He has some business that's web related and I think he might even have a W-2 this year. He never pays estimated taxes so they always get paid from her withholding and any other credits. The refund also pays his outrageous tax prep fees.
At first I thought she would just claim her wages, give him half the mortgage interest and property taxes to itemize (she has made every payment but the deduction is derived from community property), and claim the minor child since she has easily paid more than half the child's support.
I have read Pub 555 (especially page 7, Community Property Laws disregarded) several times but I'm not 100% sure if she is allowed to just claim her income and not 50% of her income and 50% of his income. If this year is like the last 25 years, her income is a lot more than his and she is doing him a favor by not forcing him to use 50% of her income as 50% of his income.
So, the question is - Can a spouse in a community property state use only her W-2 wages when filing MFS given the 'separation' that exists as described above?
For 2014, she intends to file MFS. Her personal situation is simple with respect to income as she has one W-2. Her husband's situation is more complicated. He has some business that's web related and I think he might even have a W-2 this year. He never pays estimated taxes so they always get paid from her withholding and any other credits. The refund also pays his outrageous tax prep fees.
At first I thought she would just claim her wages, give him half the mortgage interest and property taxes to itemize (she has made every payment but the deduction is derived from community property), and claim the minor child since she has easily paid more than half the child's support.
I have read Pub 555 (especially page 7, Community Property Laws disregarded) several times but I'm not 100% sure if she is allowed to just claim her income and not 50% of her income and 50% of his income. If this year is like the last 25 years, her income is a lot more than his and she is doing him a favor by not forcing him to use 50% of her income as 50% of his income.
So, the question is - Can a spouse in a community property state use only her W-2 wages when filing MFS given the 'separation' that exists as described above?