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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28392
Experience:  Taxes, Immigration, Labor Relations
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I moved from Minnesota to Wisconsin in August 2015. My

Customer Question

I moved from Minnesota to Wisconsin in August 2015. My husband and I are married but filing separately. Do we still have to claim each others income and tax withholding since we now live in Wisconsin (community state)? Or only partial since we did not live in that state the entire year?
Submitted: 11 months ago.
Category: Tax
Expert:  Lev replied 11 months ago.

Yes - you do need to follow Wisconsin community property laws.

As the general effect of community property laws on the federal income tax treatment - a spouse's wages, earnings, and net prof-its from a sole proprietorship are community income and must be evenly split.
That treatment must be started from the day you became Wisconsin residents.

Before that date while you were Minnesota residents - community property laws did not apply - and no need to divide that income.

Customer: replied 11 months ago.
I add in half of his 2015 wages and half of his tax witholdings? I am asking as I did not live there the entire year.
Expert:  Lev replied 11 months ago.

You would need to allocate wages for federal tax purposes.

Expert:  Lev replied 10 months ago.

Before you moved to Wisconsin - the community property laws did not apply - you report ONLY your wages and your spouse will report ONLY his wages.

After you moved to Wisconsin - you report a half of your wages (and a half of your withholding) plus a half of your spouse's wages (and a half of his withholding).

Similarly - for your husband.

Let me know if you need help to verify your circulations.

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