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I have a client who has been separated all year from her…

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I have a client who...
I have a client who has been separated all year from her spouse. She lives in Texas and he lives in Wisconsin. The husband did not contribute to the household at all, they don't have any common kids, and the client doesn't have access to his income information.
What' a work around for the required form 8958?
Submitted: 1 month ago.Category: Family Law
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3/14/2018
Family Lawyer: Michelle-mod, Moderator replied 1 month ago
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Customer reply replied 1 month ago
I do
Family Lawyer: RayAnswers, Lawyer replied 1 month ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 46,425
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 1 month ago

f you do not live with your spouse - no need to file form 8958.
Under certain circumstances - the community property laws are disregarded.
You are not responsible for the tax relating to an item of community income if all the following conditions are met.
1.You did not file a joint return for the tax year.

2.You did not include an item of community income in gross income.

3.The item of community income you did not include is one of the following:

a. Wages, salaries, and other compensation your spouse (or former spouse) received for services he or she performed as an employee.

b. Income your spouse (or former spouse) derived from a trade or business he or she operated as a sole proprietor.

c. Your spouse's (or former spouse's) distributive share of partnership income.

d. Income from your spouse's (or former spouse's) separate property (other than income described in (a), (b), or (c)).

e. Any other income that belongs to your spouse (or former spouse) under community property law.

4.You establish that you did not know of, and had no reason to know of, that community income.

5.Under all facts and circumstances, it would not be fair to include the item of community income in your gross income.
See for reference - www.irs.gov/pub/irs-pdf/p555.pdf

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Family Lawyer: RayAnswers, Lawyer replied 1 month ago

https://www.irs.gov/pub/irs-pdf/p555.pdf

I appreciate the chance to help you today.If you can positive rate 5 stars when we are done it is much appreciated.

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