I have heard of married couples attempting to file "married, filing separately" using tax software,but was not able to complete the filing process because the State of Texas is a community property state. If that is the case are they compulsed to file jointly?
You can file "married filing separately" but you have to allocate the community income and expenses between the spouses. See a tax professional in Texas.
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Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.
No, you can still file as married filing separately. However, you must allocate community property income between the two returns.
Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.