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MFS v. MFJ v. WA Community Property

chapguy19
Level 4

Client has finished up their divorce settlement without completing his tax return. They were still married 12/31/2024.

She filed hers MFS with some of the community property income, but not all.

He wants me to file his MFS tax return which of course is wrong. 

Between the two of them, all the income has been captured.

Both live in Washington, a community property state.

What is my liability here?

Thanks in advance, Christopher

 

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4 Comments 4
sjrcpa
Level 15

When did they separate?

When did the "community" end under WA law?


The more I know the more I don’t know.
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chapguy19
Level 4

They separated in late 2024.

Divorced in 2025.

I don't know the answer to when "community" property ends in WA.  I thought it was until they become formally divorced.

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sjrcpa
Level 15

I'm no expert, but generally the community ends when they separate and establish separate domiciles. The lawyer should know.

To answer one of your original questions, your duty is to prepare an accurate, to the best of your knowledge and belief, return.


The more I know the more I don’t know.
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BobKamman
Level 15

@chapguy19 wrote:

He wants me to file his MFS tax return which of course is wrong. 

What's wrong?  He prepared it and he just wants you to file it that way?  

Google AI, which may be incorrect, tells us "In Washington State, community property ends on the date of separation, the date when the marital community stops accumulating property. Property acquired before this date is community property, while property acquired afterward is separate property."

 


 

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