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Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 2863
Experience:  18+ years of experience in tax preparation; 25+ years of experience as a real estate/corporate paralegal.
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In IRS publication 555, it states that spouses can have an

Customer Question

In IRS publication 555, it states that spouses can have an agreement in some states on the status (sommunity or separate) income. In Texas, can a spouse recognize only his/her W-2 income on a "married filing separate" federal tax return?
Submitted: 3 years ago.
Category: Tax
Expert:  Barbara replied 3 years ago.

bkb1956 :

Thank you for allowing me to be of service to you regarding your tax question. If you utilize the married filing separate filing status for your federal tax return,you must report half of all community income and all of your separate income.


 


In Idaho, Louisiana, Texas, and Wisconsin, income from most separate property is community income.


CAUTION

bkb1956 :

Please see Table 1 on Page 4 of Publication 555.

JACUSTOMER-i4s05iwv- :

What about an agreement between spouses in Texas regarding how income is classified?

bkb1956 :

I was simply starting a dialogue with you to give you the general rules. I don't understand why would you rate my service as "bad" without giving me a chance to answer your question completely. I will research this for you and get back to you in a few minutes. Thank you.

JACUSTOMER-i4s05iwv- :

I know the general rules, my question was specific & that was not answered. You did not say there was ny further information forth coming.

bkb1956 :

I will opt out of this question, since it is more of a legal nature than tax nature. Texas law will govern if you can have an agreement of how to report income when married filing separate. There is no need to reply since this will delay an answer to you. Thank you.

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