Tax Information for
Married Persons
Filing Separate
Returns and Persons
Divorced in 2022
Printed on
Recycled Paper
Publication 109 (02/23)
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Tax Information for
Married Persons
Filing Separate
Returns and Persons
Divorced in 2022
Printed on
Recycled Paper
Publication 109 (02/23)
|
|
TABLE OF CONTENTS
Page
1. INTRODUCTION ............................................................................................................................................. 4
2. OVERVIEW OF WISCONSIN'S MARITAL PROPERTY LAW ................................................................................... 4
A. What is Wisconsin's Marital Property Law? ........................................................................................................................ 4
(1) What is a "common law property system?" ............................................................................................................... 4
(2) What is a "community property system?" .................................................................................................................. 5
B. When Does Wisconsin's Marital Property Law Apply? ....................................................................................................... 5
(1) What is the "determination date?" ............................................................................................................................. 5
(2) What is a "domicile?" .................................................................................................................................................. 5
C. How Does Wisconsin's Marital Property Law Classify Property? ........................................................................................ 6
(1) What is "marital property?" ........................................................................................................................................ 6
(2) What is "individual property?" .................................................................................................................................... 7
(3) What is "unclassified property?"................................................................................................................................. 7
(4) What happens if marital property is mixed with other property? .............................................................................. 7
(5) How are retirement benefits classified? ..................................................................................................................... 8
D. Can Married Persons Change the Classification of Property? ............................................................................................. 8
(1) What is a "marital property agreement?" .................................................................................................................. 8
(2) What is a "unilateral statement?" ............................................................................................................................... 9
E. How are Debts Treated Under Wisconsin's Marital Property Law? .................................................................................. 10
3. FIGURING YOUR WISCONSIN INCOME TAX UNDER WISCONSIN'S MARITAL PROPERTY LAW .......................... 10
A. Filing Status ....................................................................................................................................................................... 10
(1) Joint return ................................................................................................................................................................ 11
(a) Divorced taxpayers ........................................................................................................................................... 11
(b) Separate returns after joint return ................................................................................................................... 12
(2) Separate returns ....................................................................................................................................................... 12
(a) Joint return after separate returns ................................................................................................................... 12
B. Income Under the Marital Property Law .......................................................................................................................... 13
(1) Marital property income ........................................................................................................................................... 13
(2) Individual income ...................................................................................................................................................... 13
(3) Income earned by separated or divorced spouses ................................................................................................... 14
(a) Separated spouses ............................................................................................................................................ 14
(b) Divorced spouses .............................................................................................................................................. 14
(4) Exceptions to reporting income under the marital property law for Wisconsin tax purposes ................................. 14
(a) Marital property agreements and unilateral statements ................................................................................. 14
(b) Part-year residents and nonresidents .............................................................................................................. 15
(c) Innocent spouse rule ........................................................................................................................................ 15
(5) Differences between federal and Wisconsin reporting of marital property income ................................................ 16
C. Losses, Expenses, Deductions, and Credits ....................................................................................................................... 17
(1) Capital losses ............................................................................................................................................................. 17
(2) Other losses ............................................................................................................................................................... 18
(3) Business and investment expenses ........................................................................................................................... 18
(4) Individual retirement arrangements and self-employed retirement plans .............................................................. 18
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TABLE OF CONTENTS (CONTINUED)
Page
(5) Alimony ..................................................................................................................................................................... 18
(6) Deduction for exemptions ........................................................................................................................................ 20
(7) Wisconsin itemized deduction credit ........................................................................................................................ 20
(8) Renter's school property tax credit ........................................................................................................................... 20
(9) Homeowner's school property tax credit .................................................................................................................. 20
(10) Married couple credit................................................................................................................................................ 21
(11) Earned income credit ................................................................................................................................................ 21
(12) Farmland preservation credit .................................................................................................................................... 22
(13) Veterans and surviving spouses property tax credit ................................................................................................. 22
(14) Other credits ............................................................................................................................................................. 22
(15) Credit carryovers ....................................................................................................................................................... 22
D. Tax Payments .................................................................................................................................................................... 22
(1) Wisconsin income tax withheld ................................................................................................................................ 22
(2) Wisconsin estimated tax payments .......................................................................................................................... 23
(a) Joint estimated tax payments........................................................................................................................... 23
(b) Separate estimated tax payments .................................................................................................................... 23
E. Refunds ............................................................................................................................................................................. 23
(1) Claims for refund ....................................................................................................................................................... 23
(2) Applying overpayments against liabilities ................................................................................................................. 24
F. Extensions ......................................................................................................................................................................... 24
4. FIGURING YOUR HOMESTEAD CREDIT UNDER WISCONSIN'S MARITAL PROPERTY LAW .................................. 25
A. Household Income ............................................................................................................................................................ 25
(1) Figuring household income under the marital property law .................................................................................... 25
(2) Exceptions to figuring household income under the marital property law .............................................................. 25
B. Property Taxes Accrued .................................................................................................................................................... 26
C. Rent Constituting Property Taxes Accrued ....................................................................................................................... 26
WISCONSIN INCOME TAX EXAMPLES .................................................................................................................. 27
Example 1: Both Spouses Domiciled in Wisconsin All Year ...................................................................................................... 27
Example 2: One Spouse Domiciled in Wisconsin All Year......................................................................................................... 29
Example 3: Spouses Divorced During 2022 .............................................................................................................................. 33
HOMESTEAD CREDIT EXAMPLES ......................................................................................................................... 35
Example 1: Separate Homes on December 31, 2022 ............................................................................................................... 35
Example 2: Spouses Live Apart All Year .................................................................................................................................... 36
Example 3: Divorce During 2022 .............................................................................................................................................. 37
APPENDIX .......................................................................................................................................................... 38
Classification of Income............................................................................................................................................................ 38
Returns and Persons Divorced in 2022 .................................................................................................................................... 39
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
IMPORTANT CHANGES
Use this publication in preparing your 2022 tax return. There are no substantive differences between the 2021 and
2022 versions of this publication.
1. INTRODUCTION
On January 1, 1986, Wisconsin became a marital property state. As part of marital property reform, Wisconsin allows
persons married at the end of the taxable year to file joint income tax returns.
• If you and your spouse file a joint return, Wisconsin's marital property law won't affect the amount of income
that you must report for Wisconsin income tax purposes.
• If you are married and do not file a joint return or if you became divorced in 2022, Wisconsin's marital property
law generally will affect the amount of income that you must report for Wisconsin income tax purposes.
The automatic sharing of marital property income may require you to file a separate return, or to join with your
spouse in the filing of a joint return.
This publication explains how Wisconsin's marital property law affects married persons who file separate returns
and persons who became divorced in 2022 for Wisconsin income tax purposes. You should understand how the
marital property law affects the way you figure your Wisconsin tax before filling in your Wisconsin income tax return.
For information about how to fill in your federal income tax return, obtain federal Publication 504, Divorced or
Separated Individuals, and federal Publication 555, Community Property, from the Internal Revenue Service (IRS). In
addition, the Midwest District Office of the IRS and the Department of Revenue have a joint publication, Publication
113, Federal and Wisconsin Income Tax Reporting Under the Marital Property Act.
If, after reading this publication, you have questions about how to figure your Wisconsin income tax or homestead
credit, please visit any Department of Revenue office, call (608) 266-2486, or write to:
MS 5-77
Customer Service Bureau
Wisconsin Department of Revenue
P.O. Box 8949
Madison, WI 53708-8949
You may also email your questions to DORIncome@wisconsin.gov.
2. OVERVIEW OF WISCONSIN'S MARITAL PROPERTY LAW
A. What is Wisconsin's Marital Property Law?
The marital property law changed Wisconsin's property law system from a "common law property system" to a
type of "community property system." Wisconsin is one of nine community property states. Arizona, California,
Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are the other community property states. Alaska
state law offers a community property election.
(1) What is a "common law property system?"
Under a common law property system, property acquired during marriage generally belongs to the spouse
who acquired the property. You own what you yourself earn, buy, inherit, or receive as a gift from another
person. You own the income from your property. You own, and you have complete control over, the
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
property titled in your name. You can sell or give away your property without violating your spouse's rights.
However, your spouse has rights to support by you during life and to a portion of your property at your
death.
Under a common law property system, the title to property generally determines ownership of property
between you and your spouse. For example, title may be in the form of a deed to land, a stock certificate,
or a certificate of title to a car. The title to property also determines what income is reportable by you and
your spouse on separate income tax returns while domiciled in a common law property state.
(2) What is a "community property system?"
Under a community property system, property acquired during a marriage generally belongs to both
spouses equally. Marriage is a legal and economic partnership. You and your spouse are equal partners,
whether you contribute money or services or both to the marriage, and you and your spouse will share
equally all property acquired during your marriage, except property that you alone inherit or receive as a
gift from another person. You and your spouse may own equally what either of you earns or buys. You and
your spouse may own equally the income from property owned by either of you. However, you have the
right to manage and control property titled in your name or in either spouse's name. Management rights
don't determine ownership.
Under a community property system, the classification of property generally determines ownership of
property between you and your spouse. The classification of property generally is based on two factors:
when the property was acquired and how the property was acquired. You and your spouse may reclassify
property by agreement. The classification of property also determines what income is reportable by you
and your spouse on separate income tax returns while domiciled in a community property state.
Wisconsin's marital property law has borrowed many provisions from existing community property states.
But Wisconsin's law also has other provisions not provided by other community property states.
B. When Does Wisconsin's Marital Property Law Apply?
Wisconsin's marital property law took effect on January 1, 1986, and applies to you and your spouse after the
"determination date."
(1) What is the "determination date?"
Your determination date is whichever is later of the following:
• If you were married and domiciled in Wisconsin on January 1, 1986, the marital property law applied to
you on January 1, 1986.
• If you marry after January 1, 1986, and you are domiciled in Wisconsin at the time of your marriage, the
marital property law applies to you on the date of your marriage.
• If you are married and you establish a Wisconsin domicile after January 1, 1986, the marital property
law applies to you on the date you and your spouse establish a Wisconsin domicile.
Note: The marital property law generally applies only while both spouses are domiciled in Wisconsin.
(2) What is a "domicile?"
Your domicile is your true, fixed, and permanent home where you intend to remain permanently and
indefinitely and to which, whenever absent, you intend to return. It is often referred to as "legal residence."
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
You can be physically present or residing in one locality but maintain a domicile in another. You can have
only one domicile at any time.
Your domicile doesn't change if you leave your state of domicile —
• For a brief rest or vacation
• To complete a particular transaction, perform a particular contract, or fulfill a particular engagement,
but you intend to return to your state of domicile whether or not you complete the transaction,
contract, or engagement
You are not domiciled in Wisconsin if —
• You are passing through Wisconsin on your way to another state or country
• You are in Wisconsin for a brief rest or vacation
• You are in Wisconsin to complete a particular transaction, perform a particular contract, or fulfill a
particular engagement which requires your presence in Wisconsin for a short period of time, and you
haven't abandoned your domicile in another state
Your domicile, once established, isn't lost until all three of the following occur or exist:
• You specifically intend to abandon your old domicile and take actions consistent with such intent
• You intend to acquire a new domicile and take actions consistent with such intent
• You are physically present in the new domicile
No change of domicile results from leaving Wisconsin to go to another state if you intend to remain there
only for a limited time and then to return to Wisconsin.
C. How Does Wisconsin's Marital Property Law Classify Property?
Under the marital property law, all property that you and your spouse acquire after the determination date is
generally classified as "marital property" or as "individual property."
Note: The rules described below for classifying property may not apply for purposes of determining the basis of
property upon the death of a spouse. For information about basis adjustment, see Wisconsin Publication 113,
Federal and Wisconsin Income Tax Reporting Under the Marital Property Act.
(1) What is "marital property?"
Marital property is all property classified as marital property and all property acquired by you or your spouse
during marriage after the determination date, unless it is otherwise classified by the marital property law.
The law presumes that all property owned by spouses is marital property. Any person who contends that
certain property isn't marital property must prove that the property's classification is something else.
You and your spouse each have a present, undivided one-half ownership interest in each item of marital
property. All marital property belongs as much to you as it does to your spouse, regardless of how it is titled.
Marital property generally includes:
• Income earned or accrued by a spouse or derived from marital property and nonmarital property owned
by a spouse during the marriage and after the determination date. "Income" includes wages, salaries,
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
commissions, bonuses, other employment benefits, dividends, interest, net rents, and other earnings
from marital property and nonmarital property.
• The substantial increase in value of nonmarital property which resulted from the substantial efforts of
either spouse that weren't reasonably compensated.
• Nonmarital property that is mixed with marital property and can no longer be identified by tracing.
Note: In this publication, the term "nonmarital property" refers to all property which isn't marital property.
Nonmarital property includes individual property and unclassified property.
(2) What is "individual property?"
Individual property is property owned by one spouse alone under the marital property system.
After the determination date and during the marriage, individual property includes:
• Property acquired by one spouse by gift or inheritance during the marriage
• Property acquired in exchange for, or with the proceeds of, individual property
• The increase in value of nonmarital property, except to the extent that this increase in value is classified
as marital property
• Income (and principal) to one spouse from a trust created by a third person, unless the trust provides
otherwise
• Income from a gift of property from one spouse to the other spouse, unless the spouse making the gift
provides otherwise
• Income or property designated as individual property by a marital property agreement or a court decree
• Income derived from the nonmarital property of a spouse which that spouse has designated in a
unilateral statement as their individual income
• For marriages occurring after December 31, 1985, property owned at marriage by a Wisconsin-
domiciled person
(3) What is "unclassified property?"
Property owned by spouses before their determination date isn't classified by the marital property law.
Such unclassified property is treated as if it were individual property during the marriage. At death, property
of the decedent spouse acquired during the marriage and before the determination date, which would have
been marital property if acquired after the determination date, is treated as if it were marital property for
certain elective rights of the surviving spouse.
(4) What happens if marital property is mixed with other property?
If marital property is mixed with any other type of property, the other type of property becomes marital
property, unless that other type of property can be traced. This mixing rule doesn't apply for income tax
basis purposes for property held in joint tenancy or tenancy in common.
For example, if you had bought a home before your marriage and you make mortgage loan principal
payments from your wages during the marriage, the home is "mixed property." If you had invested $20,000
in the home before you married and you have records to prove this, at least $20,000 of the home's value
will retain its character as nonmarital property. The presumption is that the rest is marital property and half
of it belongs to your spouse. If you don't have adequate records to prove the amount of nonmarital
property, the full value of the home is marital property.
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
(5) How are retirement benefits classified?
Special rules apply to retirement benefits and other deferred employment benefits. Deferred employment
benefits also include payments from profit-sharing and stock bonus plans, annuities, and deferred
compensation plans.
Note: Unemployment compensation and individual retirement arrangements (IRAs) are not considered to
be deferred employment benefits. For information on the classification of these items, see Classification of
Income in the Appendix.
• Benefits resulting from the employment of a spouse that starts after the determination date are entirely
marital property.
• Benefits resulting from the employment of a spouse entirely before the determination date are
nonmarital property.
• Benefits resulting from the employment of a spouse partly before and partly after the determination
date are mixed property. Figure the marital property portion using this formula:
Period of employment Marital
while the marital Total property
property law applies* x retirement = portion of
Total period of benefits the retirement
employment * benefits
*Count only employment giving rise to the benefit.
Example: You worked for ABC Company from January 1, 1982, through August 31, 2007. Since you have
been married and domiciled in Wisconsin for the past 40 years, your determination date is January 1, 1986.
A portion of your retirement benefits from ABC Company is marital property because you worked for this
company both before and after January 1, 1986. You figure the marital property portion as follows:
260 months
employment after 1/1/86 = 84.4% marital property
308 months total employment
If you receive $3,000 of retirement benefits from ABC Company in 2022, $2,532 (84.4% x $3,000) is marital
property owned equally by you and your spouse. The remaining $468 is your nonmarital property. Thus you
own $1,734 of the $3,000 of retirement benefits ($468 nonmarital property, plus half of $2,532).
D. Can Married Persons Change the Classification of Property?
You and your spouse can change the classification of property by gift or a marital property agreement. Certain
real property and securities may be reclassified by conveyance, signed by both you and your spouse. You can
change the classification of income from certain property by a unilateral statement.
(1) What is a "marital property agreement?"
A marital property agreement is an agreement solely between you and your spouse. The agreement must
be in writing, and it must be signed by both you and your spouse. A marital property agreement remains in
effect until replaced by another marital property agreement.
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
By using a marital property agreement, you and your spouse can have your own system of ownership of
your property and income. You can also use a marital property agreement to dispose of your property at
your death without probate. However, the law places certain restrictions on marital property agreements.
• You cannot use a marital property agreement to affect the right of a child to support.
• You cannot use a marital property agreement to modify or eliminate spousal support to make one
spouse eligible for public assistance.
• You cannot use a marital property agreement to defraud creditors or bona fide purchasers of marital
property.
In addition, the law limits the effect of marital property agreements for Wisconsin income tax and
homestead credit purposes. These limitations are explained in Parts 3 and 4 of this publication. For example,
you can't use a marital property agreement to retroactively reclassify income for income tax purposes. Since
the department isn't bound by any marital property agreement not provided to the department before the
issuance of an assessment or billing, you may want to send a copy of the agreement to the department at
the time it is executed. Include both spouses' social security numbers and mail the agreement to:
Mail Stop 5-144
Wisconsin Department of Revenue
Billing and Audit Support
P.O. Box 8906
Madison, WI 53708-8906
The marital property law provides special forms for "statutory property classification agreements." You and
your spouse may use these agreements to classify your marital property as the individual property of the
owning spouse or to classify all of your property as marital property. If there is no disclosure of assets and
liabilities, the agreement terminates three years after the date both you and your spouse sign the
agreement. However, if you and your spouse complete the disclosure form which is provided as an
attachment to the agreement form, the agreement is effective until dissolution of the marriage or death.
You or your spouse may, however, terminate a statutory property classification agreement unilaterally.
Note: Previously, the marital property law provided a "statutory individual property classification
agreement," often incorrectly called an "opt-out" agreement, for spouses who wished to classify property
owned on December 31, 1985, and other property acquired in 1986 as individual property of the owner.
These agreements terminated January 1, 1987. However, the reclassification of the spouses' property as
individually-owned property, under prior marital property law, isn't changed by the January 1, 1987,
termination.
Thus, if you had a statutory individual property classification agreement, wages earned during 1986 remain
the individual property of the spouse who performed the services as long as the wages can be traced.
However, if you and your spouse don't have another marital property agreement which classifies property
acquired in 1987 and after as individual property, wages earned in 1987 and after are marital property. Also,
if your home was classified as individual property in 1986, you don't have a marital property agreement for
1987 and after, and you use marital property to make principal payments on the mortgage loan in 1987 and
after, mixing will occur and your home will have a marital property component.
(2) What is a "unilateral statement?"
A unilateral statement is a document affecting the income from nonmarital property. If you wish to classify
the income from nonmarital property as your individual property, you can use a unilateral statement. You
can't use a unilateral statement to classify your wages as your individual property. The unilateral statement
must be in writing, signed by you, and notarized. Within five days after signing the statement, you
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
must deliver a copy to your spouse. A unilateral statement applies only to income accrued after the
statement is signed. You can't use it to retroactively reclassify income. You may revoke the unilateral
statement at any time; you must deliver a copy of the revocation to your spouse.
The limitations on marital property agreements for Wisconsin income tax and homestead credit purposes
also apply to unilateral statements.
E. How are Debts Treated Under Wisconsin's Marital Property Law?
Under Wisconsin's marital property law, the type of debt determines what property a creditor can take to satisfy
the debt. Debts are classified based on two factors: when the debt was incurred and the reason the debt was
incurred. The law classifies debts as follows:
• Support debts are amounts you owe for the support of your spouse or a child of the marriage. Support debts
are collectable from all marital property and all of your other property, if you are the incurring spouse.
• Family purpose debts are amounts that you have incurred in the interest of the marriage or the family. The
law presumes that debts incurred by a spouse during the marriage are in the interest of the marriage or the
family. Family purpose debts are collectable from all marital property and all of your other property, if you
are the incurring spouse.
• Premarriage debts are amounts that you incurred before your marriage. Premarriage debts are collectable
from your nonmarital property and from that part of the marital property which would have been your
property if you hadn't married (such as wages).
• Predetermination date debts are amounts that you incurred before your determination date.
Predetermination date debts are collectable from your nonmarital property and from that part of the
marital property which would have been your property if you hadn't married (such as wages).
• Tort debts (such as from a car accident) that you incur during marriage are collectable from your nonmarital
property and your interest in marital property.
• All other debts that you incur during marriage are collectable only from your nonmarital property and your
interest in marital property, in that order.
Tax debts incurred during marriage by a spouse after the determination date are incurred in the interest of the
marriage or the family. Special presumptions apply to the collection of tax debts and other debts owed to the
state. See the "innocent spouse" rules explained in the Exception to who is responsible for the tax on a joint
return or on a separate return in Parts 3.A.(1) and (2) later in this publication. Also see Part 3.E.(2) later in this
publication.
3. FIGURING YOUR WISCONSIN INCOME TAX UNDER WISCONSIN'S MARITAL PROPERTY LAW
A. Filing Status
Your filing status determines which column of the tax table or which tax rate schedule you use to figure your
Wisconsin income tax.
Single. You are considered single for the whole year if you were never married or you were legally separated
under a final decree of divorce or separate maintenance on December 31, 2022. A decree of separate
maintenance in Wisconsin is a judgement of legal separation granted by a judge under sec. 767.35, Wis. Stats.
If you qualify to use the head of household filing status for federal tax purposes, you may also use the head of
household filing status for Wisconsin.
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Married. You are considered married for the whole year if you were married as of December 31, 2022. If your
spouse died during 2022, consider yourself married for the whole year.
You are considered married if:
• You are separated (i.e., living in a different residence than your spouse), but you haven't obtained a final
decree of divorce or separate maintenance by December 31, 2022. A decree of separate maintenance in
Wisconsin is a judgement of legal separation granted by a judge under sec. 767.35, Wis. Stats.
• You are separated under an interlocutory decree (this isn't a final decree).
If you are married, you and your spouse may be able to file a joint return or you may file separate returns. A
married person who qualifies to use the head of household filing status for federal tax purposes may also use
the head of household filing status for Wisconsin. However, if you are married, you must check the "Head of
household, married" box on Form 1, Wisconsin Income Tax, or Form 1NPR, Nonresident and Part-Year Resident
Wisconsin Income Tax.
The marital property law has little effect on the filing of joint returns. If you and your spouse meet the
requirements, you may file a joint Wisconsin return even though you file separate federal returns. In order to
use a different filing status for Wisconsin purposes, prepare a pro forma federal return using the same filing
status as for Wisconsin. Label this recomputed federal return "Wisconsin" and include it with your Wisconsin
income tax return.
(1) Joint return
You must include all income, deductions, and credits for you and your spouse on your joint return. It won't
be considered a joint return unless both of you sign the return.
You are both responsible for any tax, interest, penalties, and fees due on a joint return. If one of you doesn't
pay, the other may have to. One spouse may be held responsible for the entire amount due even though
the other spouse's services or property generated all of the income.
Exception: You may not have to pay the additional tax, interest, penalties, and fees assessed on a joint
return if you prove that you didn't know, and had no reason to know, that there was an understatement of
tax that resulted from your spouse's omission of a gross income item, or claiming a deduction, credit, or
property basis in an amount for which there is no basis in fact or law. Taking into account the facts and
circumstances, it must also be inequitable to hold you liable for the tax due. If you are relieved of liability
for additional tax assessments under this "innocent spouse" rule, the tax liability of your spouse is
collectable only from your spouse's nonmarital property and from your spouse's interest in marital property
(such as wages), in that order.
(a) Divorced taxpayers
You are still jointly and individually responsible for any tax, interest, penalties, and fees due on a joint
return filed before your divorce. However, this responsibility does not apply if both of the following
occur:
• A judgment of divorce entered on or after June 21, 1996, apportions that liability to your former
spouse
• You provide the department with a copy of that portion of the judgment of divorce that relates to
the apportionment of tax liability
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(b) Separate returns after joint return
If you file a joint return, you can't, after the due date of your return, change your mind and file a separate
return. If you are allowed to file a separate return, you and your spouse must divide the tax paid on the
joint return between you in proportion to the tax you figure on your separate returns. If the amount
paid on the joint return isn't equal to or more than the tax shown on your separate returns, you must
pay the additional tax due on your separate return when you file it.
(2) Separate returns
If you choose to file separate returns, you and your spouse must each report half of your combined marital
property income, deductions, and credits (but see the Exception below and Item (4) under Income Under
the Marital Property Law later in this publication). This is true even if you haven't received any of the income
from your spouse. In addition, you must each report your own individual income, deductions, and credits.
Include a worksheet with your return showing how you figured the income, deductions, and credits each of
you reported. See the Appendix for a worksheet to fill in and include with your Wisconsin income tax return.
If you file a separate return, you and your spouse will generally pay more combined Wisconsin income tax.
This is because the standard deduction may be lower for married persons filing separately. The following
also apply:
• You can't take the credit for a married couple when both are employed
• You generally can't take the earned income credit
• If you lived with your spouse at any time in 2022, you may have to include in income the total amount
of any unemployment compensation you received in 2022
• You won't qualify for the disability income exclusion
If you and your spouse file separately, you are responsible for the tax due on your own return. Your marital
property (such as wages) may also be the source of payment for your spouse's tax since all tax debts,
including interest, penalties, and fees, incurred during marriage by a spouse after the determination date
are incurred in the interest of the marriage or the family. Therefore, all marital property and all other
property of the spouse filing the separate return may be used to pay the amount due on a separate return.
Exception: You may not have to pay the additional tax, interest, penalties, and fees assessed on a separate
return if it is determined that you weren't notified of the unreported marital property income that resulted
from your spouse's services or property. In such cases, the department will include the entire amount of
that unreported marital property income in the income of the spouse who had the right to control it. Title
to property determines which spouse has management and control rights. If you are relieved of liability for
additional tax assessments under this "innocent spouse" rule, the tax liability of your spouse is collectable
only from your spouse's nonmarital property and from your spouse's interest in marital property (such as
wages), in that order.
(a) Joint return after separate returns
If you or your spouse or both file separate returns, you may change to a joint return any time within
four years from the due date of the separate returns. This 4-year period doesn't include any extensions.
If the amount paid on your separate returns isn't equal to or more than the total tax shown on the joint
return, you must pay the additional tax due on the joint return when you file it.
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B. Income Under the Marital Property Law
To figure the best way to file your return (jointly or separately) you must identify your marital property income
and individual income according to Wisconsin law. Generally, marital property income not taxable by Wisconsin
keeps its nontaxable status for both spouses.
If both spouses are domiciled in Wisconsin and haven't obtained a final decree of divorce or separate
maintenance, you generally must follow the marital property law in figuring your total income subject to tax,
even if you are separated (i.e., living in a different residence) from your spouse. If you are divorced during the
taxable year, you may have marital property income up to the date of your divorce.
Any income that is classified as marital property income is taxed half to each spouse, unless an exception applies
(see exceptions in Item (4) below). Any income that is classified as individual income is taxed to the spouse who
owns it.
(1) Marital property income
Marital property income includes the following:
• Wages, salaries, commissions, bonuses, gratuities, payments in kind, deferred employment benefits,
and other economic benefits attributable to the effort of a spouse
Note: Deferred employment benefits include payments from pension, profit-sharing, and stock bonus
plans, annuities, self-employment retirement plans, and deferred compensation plans. See Part 2.C.(5)
earlier in this publication for a special rule for figuring the marital property portion of these benefits.
• Dividends from stock that is marital, individual, or unclassified property
• Interest from savings accounts and other investments that are marital, individual, or unclassified
property
• Net rents from marital, individual, or unclassified property
• Gain on the sale of marital property
• Gain on the sale of individual or unclassified property to the extent that the substantial increase in value
is due to the substantial efforts of either spouse that weren't reasonably compensated
(2) Individual income
Income from the following sources is generally individual property:
• Income to one spouse from a trust created by a third party, unless the trust provides otherwise
• Income from a gift of property from one spouse to the other spouse, unless the spouse making the gift
provides otherwise
• Gain on the sale of individual or unclassified property (unless the gain is the result of a substantial
increase in value due to the substantial efforts of either spouse that weren't reasonably compensated)
• Income classified as individual property by a marital property agreement
• Income classified as individual property by a unilateral statement
• Income classified as individual property by a court decree
For more examples of marital property and individual income, see "Classification of Income" in the
Appendix.
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(3) Income earned by separated or divorced spouses
(a) Separated spouses
Even if you are separated (i.e., living in a different residence) from your spouse, you and your spouse
must treat both of your incomes as marital property income. Income you earn after your separation but
before a final decree of divorce is granted continues to be marital property income. However, you and
your spouse may enter into a marital property agreement providing that income earned by either of
you is your individual income. Income earned by either of you after the effective date of such an
agreement is treated as the individual income of the spouse earning the income, not as marital property
income. You can't use a marital property agreement to reclassify income earned prior to the agreement
for income tax purposes.
(b) Divorced spouses
An absolute decree of divorce ends the marital community. When the marital community is ended, the
marital property assets are divided between the spouses. Any income earned after the marriage ends
is taxable only to the spouse to whom it belongs. However, each spouse is generally taxed on half of the
marital property income for the part of the year before the marital community ends. You can't use a
marital property agreement to reclassify income earned prior to the agreement for income tax
purposes. Nor can a court order retroactively reclassify income for income tax purposes.
(4) Exceptions to reporting income under the marital property law for Wisconsin tax purposes
Wisconsin law provides three exceptions to the general rule that income is marital property and one-half is
reportable by each spouse.
(a) Marital property agreements and unilateral statements
For Wisconsin income tax purposes, a marital property agreement or unilateral statement applies only
if you file a copy with the department before an assessment or billing is issued.
If you filed a separate return and you are notified that your return is being audited, the department will
request a copy of your marital property agreement or unilateral statement at that time.
In addition, a marital property agreement or unilateral statement applies only while both you and your
spouse are domiciled in Wisconsin.
Example: You and your spouse sign a marital property agreement which states that the interest income
from your savings accounts is your spouse's individual property. Both of you are domiciled in Wisconsin
for all of 2022. You file separate Wisconsin income tax returns for 2022. Per your marital property
agreement, you don't report any interest income and your spouse reports $600 of interest income,
which your spouse thought was the total amount of interest income received. According to information
returns (1099 forms) filed by the bank, you actually received $1,000 of interest income in 2022. This
additional $400 of interest income is reportable by your spouse if you file a copy of the marital property
agreement with the department before any assessment is issued. If you don't furnish a copy of the
agreement, $500 of interest income is reportable by you and $500 is reportable by your spouse.
Note: The IRS has indicated that it won't follow any marital property agreement that allocates more
than half of your wages or the income from marital property titled in your name to your spouse. In the
above example, you and your spouse must each report half ($500) of the interest income on separate
federal returns.
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(b) Part-year residents and nonresidents
For Wisconsin income tax purposes, the marital property law applies only while both you and your
spouse are domiciled in Wisconsin. During any period that you and your spouse aren't both domiciled
in Wisconsin, you must report your income based on title and ownership under the common law
property system. See Part 2.A.(1) earlier in this publication for more information about the common
law property system.
Example: You are a full-year Wisconsin resident and your spouse is a full-year Illinois resident in 2022.
Stocks titled in your name produce $10,000 of dividend income. This income generally would be marital
property income, half reportable by each spouse. Because your spouse is a nonresident, the marital
property law doesn't apply. If you file separately, you must report the entire $10,000 of dividend income
on your separate Wisconsin income tax return.
(c) Innocent spouse rule
Notification. The Wisconsin and federal laws differ as to the determination of who is an "innocent
spouse." For Wisconsin tax purposes, this determination is based on whether there is notification
between spouses of the amount and nature of marital property income over which each spouse has
control. The Wisconsin income tax law doesn't require notification, nor does the law specify how you
must notify your spouse. However, for notification to be timely, you must notify your spouse of the
amount and nature of marital property income over which you have control before the due date,
including extensions, for filing your Wisconsin income tax return. To be timely, your spouse must notify
you of the amount and nature of marital property income over which your spouse has control before
the due date, including extensions, for filing your spouse's Wisconsin income tax return.
• If both spouses' services and property produced marital property income and they timely notify
each other of the amount and nature of this income, each spouse must report half of the combined
marital property income on their separate Wisconsin returns. For example, if one spouse's services
and property produced $15,000 of marital property income, the other spouse's services and
property produced $10,000 of marital property income, and each timely notifies the other, each
spouse must report $12,500 of marital property income.
• If both spouses' services and property produced marital property income but only one spouse
timely notifies the other spouse of the amount and nature of this income, the notifying spouse must
report half of the marital property income over which he or she had control. The notified spouse
must report all of the marital property income over which he or she had control plus half of the
marital property income over which the other spouse had control.
For example, if Spouse A's services and property produced $15,000 of marital property income,
Spouse B's services and property produced $10,000 of marital property income, and Spouse A
timely notifies Spouse B but Spouse B doesn't notify Spouse A, Spouse A must report $7,500, which
is half of the marital property income over which Spouse A had control. Spouse B must report
$17,500, which is all ($10,000) of the marital property income Spouse B's services and property
produced plus half ($7,500) of the marital property income Spouse A's services and property
produced.
• If both spouses' services and property produced marital property income but neither spouse timely
notifies the other of the amount and nature of this income, each spouse must report all of the
marital property income over which he or she had control on their separate Wisconsin returns. The
other spouse won't have any liability for this income. For example, if Spouse A's services and
property produced $15,000 of marital property income, Spouse B's services and property produced
$10,000 of marital property income, and neither spouse timely notifies the other spouse, Spouse A
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must report $15,000 of marital property income on Spouse A's separate Wisconsin return and
Spouse B must report $10,000 of marital property income on Spouse B's separate Wisconsin return.
Should a dispute about notification occur, you will have to prove to the Wisconsin Tax Appeals
Commission that you notified your spouse about the amount and nature of the marital property income
your services and property produced. Since the law doesn't specify how you must notify your spouse,
the department can't determine whether the notification was adequate.
Assessments in the Alternative. Where a dispute between spouses over notification does exist, the
department will assess both spouses for the disputed income. Such assessments are called
"assessments in the alternative." Assessments in the alternative are also used in cases of disputes over
items such as dependents and alimony.
The department will assess each spouse for the entire amount due on marital property income when,
in the department's opinion, more than one spouse could be held liable. The purpose of assessments in
the alternative is to have the spouses mutually agree on the facts of notification. If the spouses are
unable to agree, they may appeal the assessments to the Wisconsin Tax Appeals Commission. After a
determination is made about whether notification was adequate, the assessments will be adjusted to
reflect the correct amount due for each spouse.
Example: In 2022, your services produce $20,000 of wages and you have $1,000 of Wisconsin tax
withheld. Your spouse's services produce $15,000 of wages and your spouse has $500 of Wisconsin tax
withheld. You and your spouse file separate Wisconsin returns. You and your spouse each claim that
you notified the other about the amount of the wages. However, you each claim that you weren't
notified about the amount of the other's wages. On your return, you report $10,000 of wages and claim
$500 of tax withheld, which is half of your wages and withholding. Your spouse reports $7,500 of wages
and claims $250 of tax withheld, which is half of your spouse's wages and withholding. The department
will issue assessments in the alternative, as follows:
• You will be assessed the tax on an additional $17,500 of income (your unreported wages of $10,000
and your spouse's unreported wages of $7,500).
• Your spouse will be assessed the tax on an additional $17,500 of income (your spouse's unreported
wages of $7,500 and your unreported wages of $10,000).
Note: The innocent spouse exception doesn't reclassify marital property income to individual income.
The income remains marital property. The "innocent spouse" treatment does change the property from
which the department may collect the debt. While the department may still collect the debt from
marital property, it must first exhaust the obligated spouse's nonmarital property.
(5) Differences between federal and Wisconsin reporting of marital property income
For federal income tax purposes, the laws of the state in which you are domiciled generally determine
whether your income is marital property (community) income or individual (separate) income. However,
the federal treatment of the exceptions discussed in Item (4) under Income Under the Marital Property Law
earlier in this publication differs from the Wisconsin treatment.
If you and your spouse live apart all year, for Wisconsin income tax purposes you must report your income
under the marital property law unless one of the three exceptions in Wisconsin law applies, as discussed in
Item (4) under Income Under the Marital Property Law earlier in this publication . Federal law differs in that
if you live apart from your spouse at all times during the taxable year and meet three other conditions, you
must disregard certain state community property laws for federal income tax purposes (generally called the
"living apart all year rule"). Wisconsin doesn't follow this federal treatment of spouses living apart all year.
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Your federal income is the starting point for figuring your Wisconsin taxable income. Because of these
differences between Wisconsin and federal law, you may be required to make adjustments (called
"modifications") to your federal income in order to arrive at your correct Wisconsin income. Examples of
modifications which may be required for Wisconsin purposes follow.
Example 1: You and your spouse live apart all year. Your services produce $25,000 of wages and your
spouse's services produce $18,000 of wages. Neither you nor your spouse transfers any of the wages
between yourselves before the end of the year. You and your spouse both notify the other about the
amount of wages. For federal purposes, assume that you must disregard the marital property law and follow
the federal living apart all year rule because certain conditions exist. Therefore, you report the $25,000 of
wages your services produced on your 2022 federal return. For Wisconsin purposes, you must report half
of the wages your services produced and half of the wages your spouse's services produced. Thus, you must
make two modifications to your federal income to arrive at your correct Wisconsin income of $21,500:
• An addition modification for $9,000 to include half of your spouse's wages in your income
• A subtraction modification for $12,500 to exclude half of your wages from your income
Example 2: You and your spouse live apart during the last three months of 2022. Your services produce
$2,000 of wages and your spouse's services produce $30,000 of wages. You timely notify your spouse but
claim that your spouse didn't notify you about the amount of your spouse's wages. For federal purposes,
assume that you must follow the marital property law and report half of the combined marital property
income. Therefore, you report $16,000 of wages on your federal return (half of the wages your services
produced and half of the wages your spouse's services produced). For Wisconsin purposes, you assume that
you qualify as an "innocent spouse." Thus, you must make a subtraction modification for $15,000 to exclude
from your Wisconsin income your one-half interest in the wages your spouse's services produced.
C. Losses, Expenses, Deductions, and Credits
How you treat your deductions generally depends on the type of expense and the reason it was incurred. If you
and your spouse file separate returns, you must divide losses, depreciation, depletion, deductions, and expenses
between you in the same manner as income would be divided, with certain exceptions. The federal treatment
of the following items may differ from the Wisconsin treatment explained on the pages that follow.
(1) Capital losses
For Wisconsin income tax purposes, losses have the same character as the property from which the loss
arose. For example, a loss on the sale of individual property, such as stock you inherited and held separately,
is an "individual loss." A loss on the sale of marital property is a "marital property loss." A loss on the sale of
unclassified property is an individual loss or a marital property loss depending on whether the capital gain
income would be individual or marital property.
If you file separately, neither you nor your spouse may deduct any part of the other's individual loss. In the
case of a marital property loss, half is deductible by you and half is deductible by your spouse on separate
returns.
Capital loss carryovers. If you and your spouse file a joint return, you must combine your capital loss
carryovers. If you and your spouse file separate returns, any capital loss carryover can be deducted only on
the return of the spouse who actually had the loss. For a capital loss carryover from a year before the marital
property law applies to you, title to the property determines which spouse may deduct the loss. For a capital
loss carryover from a year to which the marital property law applies, the classification of the property
determines which spouse may deduct the loss.
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(2) Other losses
Losses have the same character as income from the activity would have. For example, if income from a
business is marital property income, a loss from that business is a marital property loss.
Net operating loss carryovers. If you and your spouse file a joint return, you can use both your and your
spouse's net operating loss carryovers to figure the deduction for 2022, provided you and your spouse were
married to each other in the year of the loss. If you have a loss from before your marriage, you can apply
the loss against only your income (as figured under marital property law) on a joint return. If you file
separate returns, neither you nor your spouse may deduct any part of the other's net operating loss
carryover.
See Wisconsin Publication 120, Net Operating Losses for Individuals, Estates, and Trusts, for more
information on how to deduct net operating loss carryovers due to changes in marital and filing status.
(3) Business and investment expenses
If you file separately, you must generally divide expenses incurred to earn or produce marital property
income in the same manner that the income is divided. Allocate expenses incurred to earn or produce
individual income to the spouse who owns that income.
(4) Individual retirement arrangements and self-employed retirement plans
If you file separately, deductions for contributions to an individual retirement arrangement (IRA) or a self-
employed retirement plan must be divided between you and your spouse in the same manner as the related
income is divided on your separate Wisconsin returns.
For example, assume your spouse's services produced $30,000 of wages and your spouse paid $2,000 to an
IRA. Also assume that your services produced $1,500 of wages and you paid $1,000 to an IRA. Proper
notification occurred and each spouse will report one-half of the combined wages on a separate Wisconsin
return. On separate returns, you can take an IRA deduction of $1,500 and your spouse can take an IRA
deduction of $1,500.
(5) Alimony
Beginning on January 1, 2019, any divorce agreement providing for the payment of alimony no longer has a
tax effect on the payor or payee's tax return. Under the federal Tax Cuts and Jobs Act, for divorce
agreements entered into after December 31, 2018, the payor of the alimony no longer is allowed to claim a
deduction for the payment and the payee (or recipient) of the alimony no longer has to include the alimony
on their tax return as income. Wisconsin follows these federal changes.
For divorce agreements entered into before January 1, 2019, those agreements have been grandfathered
and the alimony payments are still deductible to the payor and includable in income for the payee. For these
agreements, you can deduct qualifying alimony payments that you are required to make to your spouse
during your marriage only to the extent that the payments plus the marital property income over which
your spouse had control exceed your spouse's share of marital property income to which your spouse would
be entitled.
Example 1: You pay $15,000 of alimony to your spouse during the year pursuant to a temporary order. Your
services produced $40,000 of wages during the year and your spouse's services did not produce any marital
property income during the year, making your combined marital property income $40,000. Since your
spouse's share of marital property income is $20,000, no part of the $15,000 payment is deductible as
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alimony. Your payment merely gave your spouse control of the $15,000, not ownership, which your spouse
already had under the marital property law.
Example 2: You pay $15,000 of alimony to your spouse during the year pursuant to a temporary order. Your
services produced $25,000 of wages during the year and your spouse's services did not produce any marital
property income during the year, making your combined marital property income $25,000. Your spouse's
share of marital property income is $12,500. You may claim an alimony deduction of $2,500 ($15,000 minus
$12,500), the excess of your payments over your spouse's share of marital property income.
Example 3: You pay $15,000 of alimony to your spouse during the year pursuant to a temporary order. Your
services produced $30,000 of wages during the year and your spouse's services produced $10,000 of wages,
making your combined marital property income $40,000. Each spouse retained the wages their services
produced. Your alimony deduction is $5,000 determined as follows:
Marital property income (wages) retained by your spouse $ 10,000
Alimony received by your spouse 15,000
Total marital property income over which your spouse had control 25,000
Spouse's share of marital property income (1/2 of $40,000) 20,000
Amount in excess of spouse's share of marital property income $ 5,000
Thus you may deduct $5,000 as alimony paid and your spouse must report $5,000 as alimony received.
You can also deduct qualifying alimony payments that you can prove by documents showing that the
payments are from your individual income.
As indicated previously, the innocent spouse exception does not reclassify marital property income to
individual income. Therefore, you can't qualify for an alimony deduction by failing to notify your spouse
about the nature and amount of the marital property income your services and property produced.
Example 4: Assume that your services and property produced $20,000 of marital property income, your
spouse's services and property didn't produce any marital property income, and you pay $7,000 of alimony
to your spouse. If you don't notify your spouse about the nature and amount of the marital property income
your services and property produced, you will be subject to tax on the entire $20,000. However, you can't
claim a deduction for alimony because you are merely giving your spouse control of marital property income
which your spouse already owned.
Qualifying alimony payments that you make after your divorce becomes final are deductible for divorce
agreements entered into before January 1, 2019.
Qualifying alimony payments that you receive from your spouse during your marriage are taxable income
to you to the extent the payments plus the marital property income over which you had control exceed
your share of marital property income. Qualifying alimony payments from your spouse's individual income
are also taxable to you. In addition, qualifying alimony payments that you receive after your divorce
becomes final are taxable.
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(6) Deduction for exemptions
If you file a separate return, you can't take your spouse's $700 personal exemption or the additional $250
exemption if your spouse is age 65 or over. This is true even if your spouse had no income and wasn't the
dependent of another taxpayer.
If you and your spouse file separate returns, you can't divide the $700 exemption for a dependent between
you. When you have more than one dependent, you may divide the number of dependents between you if
they are supported with marital property funds. You may take the $700 exemption only for dependents
claimed on your return.
Example: You and your spouse support three dependent children with marital property funds. On separate
returns, you may divide the dependents between you. If you claim two dependents, your spouse can claim
one dependent. In this case, you would take a $1,400 exemption for dependents and your spouse would
take a $700 exemption for dependents. You can't divide the total exemption for dependents ($2,100)
equally between you. You must divide the exemption into multiples of $700 (a full exemption).
(7) Wisconsin itemized deduction credit
The Wisconsin itemized deduction credit is based on certain amounts which are allowed as itemized
deductions for federal purposes. Under federal law, the nature of the obligation and the source of the funds
used to make payment generally determine how to treat the expenses on separate returns. Obligations for
which an itemized deduction credit may be claimed generally are considered as being incurred in the
interest of the marriage or the family and paid from marital property funds. As such, half of the amount
paid is generally allocated to each spouse for purposes of figuring the itemized deduction credit on separate
returns.
Divide investment interest expenses incurred to earn marital property income equally between you. Allocate
investment interest expenses incurred to produce individual income to the spouse who owns that income,
provided the expense was paid from individual property.
(8) Renter's school property tax credit
If you and your spouse file separate returns, figure your renter's credit as follows:
• You and your spouse shared rented living quarters - each may take a renter's credit based on half of the
rent paid
• You and your spouse maintained separate homes - each may take a renter's credit based on the rent
each paid for the separate living quarters
Note: If you and your spouse maintained separate homes all year, you lived in a home owned equally by
you and your spouse, and you paid all of the taxes on that home, you may claim your spouse's share of the
taxes as rent. As indicated below, your spouse can't take a credit based on their share of the property taxes
on the home that you occupied since that home wasn't your spouse's principal residence.
On your separate return, the total of your renter's and homeowner's credits can't be more than $150. You
can't claim any part of your spouse's credit.
(9) Homeowner's school property tax credit
Your homeowner's credit is based on your share of the taxes paid (even if you personally didn't make the
payment), but limited to the time that you occupied the home as your principal home. Since the marital
property law presumes that all property of spouses is marital property, half of the taxes paid would normally
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be your share. If you contend that the home isn't marital property, you must prove that the home's
classification is something else. If you file separately, figure your homeowner's credit as follows:
• You and your spouse lived together - each may take a credit based on half of the taxes paid on your
principal home
• You and your spouse maintained separate homes - each may take a credit based on half of the taxes
paid on the home each occupied
Note: If you can show that your home isn't marital property, you may claim all of the taxes on the home
you owned and occupied as your principal home.
On your separate return, the total of your renter's and homeowner's credits can't be more than $150. You
can't claim any part of your spouse's credit.
(10) Married couple credit
You can't claim the married couple credit if you and your spouse file separate returns. You can't claim this
credit if you were legally separated under a final decree of divorce or separate maintenance on
December 31, 2022. A decree of separate maintenance in Wisconsin is a judgement of legal separation
granted by a judge under sec. 767.35, Wis. Stats.
Your earned income for purposes of the married couple credit is computed without regard to the marital
property law.
(11) Earned income credit
The Wisconsin earned income credit is a percentage of the federal earned income credit, based on the
number of qualifying children.
Caution: Wisconsin has not adopted the following changes to the 2022 federal earned income tax credit
made by Public Law 117-2. If any of these federal provisions apply, you must recompute your federal earned
income tax credit for Wisconsin purposes. Use either Worksheet A or Worksheet B in the 2022 Form 1040
instructions to recompute your federal earned income tax credit for Wisconsin. Enter the recomputed
federal credit on line 29.
• Raised the investment income limit to $10,300. For Wisconsin, the investment income limit is $3,800.
• Allows a married individual filing as married filing separate to claim the earned income tax credit if
either of the following apply:
The individual lived apart from their spouse for the last 6 months of 2022.
The individual has a decree of divorce or separate maintenance, a written separation agreement,
or a decree requiring a spouse to make payments for the support or maintenance of the other
spouse and does not live with the other spouse at the end of 2022.
For Wisconsin, a married individual filing as married filing separate cannot claim the earned income tax
credit if either of these situations apply.
To qualify for the credit, your filing status must be single, head of household or married filing a joint return.
You cannot take the credit if your filing status is married filing separate return.
For purposes of the earned income credit, your earned income is computed without regard to the marital
property law.
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Caution: The Wisconsin earned income credit must be based on a federal earned income credit which has
been computed using a federal filing status which is the same as your Wisconsin filing status. For example,
your spouse files a federal return using the "married filing separately" filing status. You file a federal return
as "head of household" and claim the federal earned income credit. If you and your spouse file a "joint"
Wisconsin return, your Wisconsin earned income credit must be based on the federal earned income credit
which would be allowable if you had filed a "joint" federal return.
(12) Farmland preservation credit
For information about claiming farmland preservation credit, see Publication 503, Wisconsin Farmland
Preservation Credit, which may be obtained from any Department of Revenue office or from our internet
website at revenue.wi.gov.
(13) Veterans and surviving spouses property tax credit
Certain veterans (or surviving spouses) who have a service-connected disability rating of 100% may qualify
for the veterans and surviving spouses property tax credit.
If you and your spouse file separate returns and the principal dwelling is owned by an eligible veteran and
spouse as joint tenants, tenants-in-common, or as marital property, each spouse may claim the credit based
on their respective ownership interest in the eligible veteran's principal dwelling.
(14) Other credits
There are additional credits that affect a limited number of individuals. These are the manufacturing
investment credit, enterprise zone jobs credit, venture capital credits, economic development tax credit,
jobs tax credit, community rehabilitation program credit, business development credit, manufacturing and
agriculture credit, low-income housing credit, and employee college savings account contribution credit.
These are generally business credits and if you and your spouse file separate returns, each may claim a
credit based on their share of the income and expenses reported on their return from the business.
If you need further information on these credits, contact any Department of Revenue office. See the
Introduction earlier in this publication for contact information.
(15) Credit carryovers
If you and your spouse file a joint return, you must combine your credit carryovers. If you and your spouse
file separate returns, any credit carryovers can be taken only on the return of the spouse who actually
incurred the carryover. For a credit carryover from a year before the marital property law applies to you,
the carryover is allowed to the spouse who incurred the carryover. For a credit carryover from a year to
which the marital property law applies and the credit was generated from marital property income, one-
half of the carryover is allocated to each spouse.
D. Tax Payments
(1) Wisconsin income tax withheld
Report the credit for Wisconsin income tax withheld on marital property wages in the same manner as you
report your wages. If you and your spouse file separate returns and each of you reports half of the combined
wages, each of you may claim half of the income tax withheld on those wages. Include a copy of each wage
statement (Form W-2) for both spouses to your separate returns. If you don't have enough copies of your
Forms W-2 for both returns, you may include legible photocopies.
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(2) Wisconsin estimated tax payments
Whether you and your spouse pay estimated tax jointly or separately, you have a choice of filing joint or
separate income tax returns for the year.
(a) Joint estimated tax payments
If you and your spouse paid estimated tax jointly, but want to file separate Wisconsin income tax
returns, either of you may claim all of the estimated tax paid, or you may each claim part of it. You can
divide joint estimated tax payments in any way that you agree upon. If you can't agree, you must divide
the joint estimated tax payments in proportion to each spouse's individual tax as shown on your
separate Wisconsin returns, or the department will divide the payments based on estimates of the
amounts you and your spouse will owe. Your tax is the amount shown on 2022 Wisconsin Form 1,
line 26, or Form 1NPR, line 57.
Be sure to include with your return a copy of the Worksheet for Married Persons Filing Separate Returns
and Persons Divorced in 2022 provided later in this publication. The worksheet should show the amount
of estimated tax payments that will be reported by each spouse.
Example: You made $2,000 of joint estimated tax payments for 2022. You and your spouse can't agree
on how to divide the payments on your separate returns. You show tax of $1,500 on Wisconsin Form 1.
Your spouse shows tax of $900 on Wisconsin Form 1. You can claim $1,250 of estimated tax, which you
figure as follows:
$1,500 tax shown on your return
$2,000 joint estimated
$2,400 total tax shown on your and your spouse's x = $1,250
tax payments
return
Your spouse can claim $750 of estimated tax.
These rules also apply if you made joint estimated tax payments and you became divorced in 2022.
(b) Separate estimated tax payments
If you made separate estimated tax payments, you can claim them on a joint return or on your separate
return. Your spouse can't claim any part of your separate estimated tax payments on their separate
return. You can't claim any part of your spouse's separate estimated tax payments on your separate
return.
E. Refunds
(1) Claims for refund
If you and your spouse are claiming a refund either on your original joint return or on an amended joint
return, both of you must sign the return. If you are claiming a refund either on your original separate return
or on an amended separate return, you alone must sign the return.
Marital property agreements and unilateral statements don't affect claims for refund.
The department will issue a refund, relating to a joint return, jointly to both spouses. The department will
issue a refund, relating to a separate return, to the spouse who filed the return.
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Exception: If your judgment of divorce apportions any refund to you or your former spouse, or between
you and your former spouse, the department will issue the refund to the person(s) to whom the refund is
awarded under the terms of the divorce. Include a copy of the portion of your judgment of divorce that
relates to the apportionment of the tax refund with your return.
(2) Applying overpayments against liabilities
Wisconsin's income tax law permits the department to apply overpayments, refundable credits, or refunds
against certain tax debts, debts owed to other state agencies, municipalities or counties, or delinquent child
support. However, the nonobligated spouse may claim a refund from the department within specified
periods of time upon proof that all or part of the amounts credited were the nonmarital property of the
nonobligated spouse.
Note: The department may not apply an overpayment, credit, or refund otherwise due an individual against
any tax liability owed to the department by the individual or by a former spouse of the individual if (1) a
judgment of divorce apportions that liability to the former spouse of the individual and (2) the individual
includes with their tax return a copy of the judgment of divorce. This applies to a judgment of divorce
entered on or after June 21, 1996.
Joint returns. The department may apply an income tax overpayment, refundable credit, or refund on a
joint return as follows:
• Against any liability from a joint return
• Against any separate liability incurred during marriage by either you or your spouse after the
determination date
• Against any separate liability incurred by either you or your spouse before January 1, 1986, or before
marriage, to the extent that the overpayment or refund is based on the Wisconsin adjusted gross
income which would have been the property of the incurring spouse if you hadn't married
Nonjoint returns. The department may apply an income tax overpayment, refundable credit, or refund on
your separate or individual return against any liability incurred by you, including any liability from a joint
return.
Note: If the "innocent spouse" rule applies, or in the case of a remarriage, special limitations may apply. For
more information, see Wisconsin Publication 113, Federal and Wisconsin Income Tax Reporting Under the
Marital Property Act.
F. Extensions
In order to obtain a Wisconsin extension of time to file, you must include either a copy of your federal extension
request or a statement indicating which federal extension provision you want to use for Wisconsin with your
Wisconsin return when you file.
If you and your spouse file separate returns, you must each obtain an extension. An extension of time allowed
to you for filing your separate return doesn't extend the time for filing the separate return of your spouse.
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4. FIGURING YOUR HOMESTEAD CREDIT UNDER WISCONSIN'S MARITAL PROPERTY LAW
For homestead credit purposes, you must generally figure your household income, property taxes accrued, and rent
constituting property taxes accrued under the marital property law. If you and your spouse lived together in 2022,
only one of you may file a homestead credit claim for 2022. If you and your spouse maintained separate homes on
December 31, 2022, or if you became divorced in 2022, you may each file a separate homestead credit claim
for 2022.
A. Household Income
(1) Figuring household income under the marital property law
If you lived with your spouse for all of 2022, you must combine your income with your spouse's income to
figure your total household income. (Only one of you can file a homestead credit claim.)
If you and your spouse maintained separate homes on December 31, 2022, or if you became divorced in
2022, you must figure your total household income as follows:
• The combined income of you and your spouse while married and maintaining the same home, plus
• Your income (as figured under Wisconsin's marital property law, with certain exceptions described
later) while married but maintaining a separate home, plus
• Your income while unmarried.
Your income while married but maintaining a separate home is generally half of the total marital property
income of you and your spouse, plus all of your individual income for that period of time.
If you and your spouse live together all year, your household income for homestead credit purposes
generally is the same regardless of whether you file a joint or a separate income tax return.
(2) Exceptions to figuring household income under the marital property law
• You can't use marital property agreements and unilateral statements to figure your household income
for homestead credit purposes. There may be a difference between the amount of income you must
report on your Wisconsin income tax return and the amount you must report on your homestead credit
claim.
Example: You and your spouse maintained separate homes all year. You and your spouse have a marital
property agreement which states that wages are the individual property of the wage earner. Your
services produced $5,000 of wages and your spouse's services produced $15,000 of wages. For
Wisconsin income tax purposes, you reported $5,000 of wages based on your marital property
agreement. For homestead credit purposes, you must report $10,000 of wages (half of $20,000
combined wages) assuming notification occurred. This is true even though you don't receive control of
more than $5,000 of income.
• You must figure your household income without regard to the marital property law during any period
of time that your spouse isn't domiciled in Wisconsin.
Example: Your services produced wages of $12,000. Your spouse's services produced wages of
$10,000. Your spouse is a full-year Rhode Island resident. For both Wisconsin income tax and
homestead credit purposes, you must report $12,000 of wages.
• You must figure certain household income without regard to the marital property law if you don't notify
your spouse of the amount and nature of the marital property income your services and property
produced. Also, you must figure your household income without regard to certain marital property
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income if your spouse doesn't notify you of the amount and nature of the marital property income
their services and property produced.
Example: You and your spouse maintained separate homes all year. Your services produced $15,000
of wages. If you notify your spouse of the amount of wages your services produced, you would report
half of your wages ($7,500) for both Wisconsin income tax and homestead credit purposes. Your
spouse must report the other half of the wages your services produced. If you don't notify your spouse
of the wages your services produced, you must report all of the wages ($15,000) for both Wisconsin
income tax and homestead credit purposes. If your spouse notifies you of the amount of income that
services and property produced, you must also include half of that income in your income for Wisconsin
income tax and homestead credit purposes.
B. Property Taxes Accrued
The marital property law presumes that all property of spouses is marital property. If you contend that property
isn't marital property, you must prove that the property's classification is something else.
If you lived with your spouse for all of 2022 in a home owned by either or both of you, you can claim the entire
amount of property taxes accrued on your home. Only one of you can file a homestead credit claim.
If you and your spouse maintained separate homes on December 31, 2022, or if you became divorced in 2022,
you must figure your property taxes accrued on your home as follows:
• The total amount of property taxes on your home for the period of time you and your spouse maintained
the same home, plus
• Half of the property taxes on your home for the period of time while married but maintaining a separate
home, plus
• Your share (based on title) of the property taxes on your home for the period of time you are unmarried.
During your marriage, title generally doesn't determine ownership of your home between you and your spouse
for homestead credit purposes. In addition, you can't use a marital property agreement or unilateral statement
to figure property taxes accrued for homestead credit purposes.
Example 1: You are married but don't live with your spouse at any time during 2022. You live in a home which
is titled in joint tenancy with your spouse. You pay the entire amount of property taxes ($800). You can claim
$500 as property taxes accrued and rent constituting property taxes accrued. This includes one-half of the
property taxes ($400) as property taxes accrued and one-fourth of the remaining property taxes paid ($400 x ¼
= $100) as rent constituting property taxes accrued. The result is the same if the home is titled as marital
property or is titled solely in your name or solely in your spouse's name but is classified as marital property.
Example 2: You are married but don't live with your spouse at any time during 2022. You live in a home which
is titled in your spouse's name. On December 31, 1985, you and your spouse signed a marital property
agreement which states that you can claim all of the property taxes paid on the home for income tax and
homestead credit purposes. You pay the 2022 taxes of $800. Since such an agreement doesn't affect your
homestead credit, you can claim $500 as property taxes accrued and rent constituting property taxes accrued.
You are allowed one-half of the property taxes ($400) as property taxes accrued. You are allowed one-fourth of
the remaining property taxes paid ($400 x ¼ = $100) as rent constituting property taxes accrued.
C. Rent Constituting Property Taxes Accrued
If you lived with your spouse for all of 2022 in rented living quarters, you can claim the entire amount of rent
paid. Only one of you can file a homestead credit claim.
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If you and your spouse maintained separate homes on December 31, 2022, or if you became divorced in 2022,
you must figure your rent constituting property taxes accrued as follows:
• The total amount of rent paid on your living quarters for the period of time you and your spouse maintained
the same home, plus
• The total amount of rent you paid on your own living quarters while married and maintaining a separate
home or while unmarried
WISCONSIN INCOME TAX EXAMPLES
On the following pages are three examples which show how to figure your Wisconsin income tax under the marital
property law. The worksheets are divided into several segments to aid in showing the amounts reported by each spouse.
Example 1: Both Spouses Domiciled in Wisconsin All Year
A married couple are domiciled in Wisconsin for all of 2022. Their two children and one spouse's mother live with them
and qualify as dependents. Amounts paid for their support were paid out of marital property funds.
It's assumed that timely notification of each spouse's income and expenses took place.
They prepare a worksheet to figure their Wisconsin tax if they were to file jointly or separately.
Following are the couple's income and expenses along with how to figure the amounts shown on Worksheet 1:
Income
Spouse A's and Spouse B's services and property produced the following income:
WORKSHEET 1
Both Spouses Domiciled in Wisconsin All Year
Wisconsin Joint Return Wisconsin Separate Returns
Spouse A Spouse B
Income (Spouse A's)
Wages $ 22,000 $ 11,000 $ 11,000
Interest income 150 75 75
Total $ 22,150 $ 11,075 $ 11,075
Income (Spouse B's)
Wages $ 10,000 $ 5,000 $ 5,000
Interest income 50 25 25
Dividends 270 135 135
Net rental income 3,600 1,800 1,800
IRA deduction (500) (250) (250)
Total 13,420 6,710 6,710
Wisconsin income $ 35,570 $ 17,785 $ 17,785
Spouse A's wages and interest income are marital property income. Half is reported on each separate return. Spouse B's
wages, interest income, and dividends are marital property income. Half is reported on each separate return. Although
the rental property is Spouse B's individual property, the net rental income is marital property income and half is reported
by each spouse on their separate returns. The IRA deduction is based on Spouse B's wages. Since each spouse is reporting
one-half of those wages, each spouse is allowed one-half of the IRA deduction on a separate return.
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Standard Deduction, Exemptions, Credits, and Payments
WORKSHEET 1-cont.
Both Spouses Domiciled in Wisconsin All Year
Wisconsin Joint Return Wisconsin Separate Returns
Spouse A Spouse B
Wisconsin income $ 35,570 $ 17,785 $ 17,785
Standard deduction (19,599) (9,162) (9,162)
$ 15,971 $ 8,623 $ 8,623
Deduction for exemptions (3,500) (2,100) (1,400)
Wisconsin taxable income $ 12,471 $ 6,523 $ 7,223
Tax $ 441 $ 232 $ 257
Wisconsin itemized deduction credit $ 137 $ 100 $ 100
School property tax credit 146 74 74
Married couple credit 285 0 0
Total credits (568) (174) (174)
Net tax $ 0 $ 58 $ 83
Less: Wisconsin income tax withheld 1,410 705 705
Amount due (Refund) $ (1,410) $ (647) $ (622)
Standard deduction, exemptions, and tax
The standard deduction is from the Standard Deduction Table in the Form 1 booklet. On their separate returns, Spouse A
chose to claim two dependents and Spouse B chose to claim one dependent. The deduction for exemptions is thus $2,100
for Spouse A and $1,400 for Spouse B. The tax is from the Tax Table in the Form 1 booklet.
School property tax credit
They paid $1,200 of property taxes on their home, which is titled as marital property. Since the home is marital property,
the property taxes are divided equally between the spouses. Spouse A and Spouse B are each able to claim $600 of
property taxes on their separate returns. The homeowner's credit is from the Homeowner's School Property Tax Credit
Table in the Form 1 booklet.
Married couple credit
The married couple credit is 3% of Spouse B's qualified earned income of $9,500 ($10,000 of wages minus $500 IRA
deduction). They can't claim this credit if they file separate returns.
Income tax withheld
Wisconsin income tax withheld from Spouse A's wages was $1,160. Wisconsin income tax withheld from Spouse B's wages
was $250. Since both spouses' wages are divided equally between the spouses, their Wisconsin income tax withheld is
also divided equally between them on their separate returns.
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Itemized Deduction Credit
The spouses paid $10,000 of interest on their Wisconsin home mortgage loan. They had $10,000 of medical expenses and
$5,000 of charitable contributions. All amounts were paid out of marital property funds. Wisconsin home mortgage loan
interest, medical expenses, and charitable contributions are divided equally between the spouses to figure the Wisconsin
itemized deduction credit on their separate returns.
WORKSHEET 1-ITEMIZED DEDUCTION CREDIT
Both Spouses Domiciled in Wisconsin All Year
Wisconsin Joint Return Wisconsin Separate Returns
Spouse A Spouse B
Medical and dental expenses $ 10,000 $ 5,000 $ 5,000
Less 7.5% of federal adjusted gross (2,668) (1,334) (1,334)
income
Allowable medical and dental expenses $ 7,332 $ 3,666 $ 3,666
Mortgage interest 10,000 5,000 5,000
Charitable contributions 5,000 2,500 2,500
$ 22,332 $ 11,166 $ 11,166
Standard deduction (19,599) (9,162) (9,162)
Total 2,733 2,004 2,004
Rate of credit (5%) $ 137 $ 100 $ 100
Example 2: One Spouse Domiciled in Wisconsin All Year
A couple is married for all of 2022. Spouse A is domiciled in Florida from January through March, and is domiciled in
Wisconsin for the rest of the year. Spouse B is domiciled in Wisconsin all year. Their determination date is April 1, 2022.
Their child lives with Spouse B all year and qualifies as their dependent. From January through March, the spouses
contributed equally to their child's support. After that time, the child's support was paid out of marital property funds.
It's assumed that timely notification of each spouse's income and expenses took place.
They prepare a worksheet to figure their Wisconsin tax if they were to file jointly or separately.
Note: Both spouses must be domiciled in Wisconsin before the marital property law applies to them.
Following are the couple's income and expenses along with how to figure the amounts shown on Worksheet 2:
Income
Spouse A's and B's services and property produced the following income:
WORKSHEET 2
One Spouse Domiciled in Wisconsin All Year
Wisconsin Joint Return Wisconsin Separate Returns
Spouse A Spouse B
Income (Spouse A's)
Wages $ 25,000 $ 12,500 $ 12,500
Interest income 700 350 350
Total $ 25,700 $ 12,850 $ 12,850
Income (Spouse B's)
Wages $ 5,000 $ 1,850 $ 3,150
Interest income 5,400 2,100 3,300
Dividends 2,500 550 1,950
Total 12,900 4,500 8,400
Wisconsin income $ 38,600 $ 17,350 $ 21,250
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Spouse A's wages and interest income earned while domiciled in Wisconsin are marital property income. Half is reported
on each separate return.
Spouse B reports $1,300 of wages, $1,200 of interest income, and $1,400 of dividend income earned from January through
March on a separate return. Since Spouse A wasn't domiciled in Wisconsin during this time, the marital property law
doesn't apply for federal or Wisconsin income tax purposes. Spouse B's $3,700 of wages, $4,200 of interest income, and
$1,100 of dividend income for the rest of the year are marital property income. Half is reported on each separate return.
Standard Deduction, Exemptions, and Tax
WORKSHEET 2-cont.
One Spouse Domiciled in Wisconsin All Year
Wisconsin Joint Return Wisconsin Separate Returns
Spouse A Spouse B
Wisconsin income $ 38,600 $ 17,350 $ 21,250
Federal income 47,000 25,750
Standard deduction (17,324) (7,579) (8,469)
$ 29,676 $ 18,171 $ 12,781
Deduction for exemptions (2,100) (700) (1,400)
Taxable income $ 27,576 $ 17,471 $ 11,381
Tax $ 1,092 $ 720 $ 433
Standard deduction
On their joint return, the standard deduction is from the married filing jointly column of the Standard Deduction Table in
the Form 1NPR booklet for nonresidents and part-year residents and is based on their joint federal income of $47,000. On
Spouse A's separate return, the standard deduction is from the married filing separately column of the Standard Deduction
Table in the Form 1NPR booklet for nonresidents and part-year residents and is based on separate federal income of
$25,750. On Spouse B's separate return, the standard deduction is from the married filing separately column of the
Standard Deduction Table in the Form 1 booklet for full-year Wisconsin residents.
Exemptions
On their joint return, the deduction for exemptions is $2,100 ($700 for each spouse plus $700 for their dependent). On
Spouse A's separate return, Spouse A claims an exemption of $700 for himself. On Spouse B's separate return, Spouse B
claims an exemption of $700 and $700 for their child who Spouse B claims as a dependent. Since their child is supported
equally by the spouses prior to April 1 and with marital property funds after that date, either spouse can claim the child
as a dependent.
Tax
On their joint return, the tax is from the married filing jointly column of the Tax Table in the Form 1NPR booklet for
nonresidents and part-year residents. On Spouse A's separate return, the tax is from the married filing separately column
of the Tax Table in the Form 1NPR booklet for nonresidents and part-year residents. On Spouse B's separate return, the
tax is from the married filing separately column of the Tax Table in the Form 1 booklet for full-year Wisconsin residents.
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Federal Income
For purposes of computing tax, nonresidents and part-year residents start with the larger of federal income or Wisconsin
income. Therefore, on their joint return, their joint federal income of $47,000 is used in the computation of tax. On
Spouse A's separate return, the separate federal income of $25,750 is used in the computation of tax. Their federal income
is computed as follows:
WORKSHEET 2-FEDERAL INCOME
One Spouse Domiciled in Wisconsin All Year
Wisconsin Joint Return Wisconsin Separate Returns
Spouse A
Wages $ 38,000 $ 22,350
Interest income 6,500 2,850
Dividends 2,500 550
Total $ 47,000 $ 25,750
Credits and Proration
WORKSHEET 2-cont.
One Spouse Domiciled in Wisconsin All Year
Wisconsin Joint Return Wisconsin Separate Returns
Spouse A Spouse B
Tax $ 1,092 $ 720 $ 433
Wisconsin itemized deduction credit $ 0 $ 9 $ 0
Renter's school property tax credit 62 62 0
Homeowner's school property tax credit 212 88 122
Total credits (274) (159) (122)
Tax less credits $ 818 $ 561 $ 311
Prorated amount 672 378
Married couple credit (150) 0 0
Net tax $ 522 $ 378 $ 311
Renter's/homeowner's school property tax credit
They paid $2,000 of property taxes on their Wisconsin home in December using marital property funds and $2,000 of rent,
which didn't include heat, paid by Spouse A on an apartment in Florida. The spouses had originally held title to their home
as joint tenants, but they reclassified it as survivorship marital property on April 1, 2022.
On their joint return, the homeowner's credit is based on $1,750 of the property taxes paid. Since the home was joint
tenancy property prior to April 1 and survivorship marital property after that date, the property taxes paid are divided
equally between the spouses ($1,000 to each spouse). Spouse A's share of the taxes is then limited to the number of
months that Spouse A occupied the home as a principal home (9/12 x $1,000 = $750). The renter's credit is based on the
$2,000 of rent that Spouse A paid while residing in Florida.
The renter's credit is from the Renter's School Property Tax Credit Table in the Form 1NPR booklet for nonresidents and
part-year residents. Since Spouse A paid heat separately from rent, the renter's credit is from column 2 of the Renter's
School Property Tax Credit Table in the Form 1NPR booklet for nonresidents and part-year residents.
On Spouse A's separate return, the homeowner's credit is based on $750 of property taxes paid but limited to $88 ($150
minus $62 renter's credit). The homeowner's credit is from the Homeowner's School Property Tax Credit Table in the Form
1NPR booklet for nonresidents and part-year residents.
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On Spouse B's separate return, the homeowner's credit is based on $1,000 of property taxes paid. The homeowner's credit
is from the Homeowner's School Property Tax Credit Table in the Form 1 booklet for full-year Wisconsin residents.
Prorated amount
On their joint return, they must prorate the tax less the itemized deduction credit and the renter's and homeowner's
school property tax credits based on the ratio of their joint Wisconsin income to their joint federal income
($38,600/$47,000 x $818 = $672).
On a separate return, Spouse A must prorate the tax less the itemized deduction credit and the renter's and homeowner's
school property tax credits based on the ratio of Wisconsin income to federal income ($17,350/$25,750 x $561 = $378).
No proration is required on Spouse B's separate return because Spouse B was domiciled in Wisconsin all year.
Married couple credit
The married couple credit is 3% of Spouse B's wages of $5,000. They can't claim this credit if they file separate returns.
Itemized Deduction Credit
The spouses paid $9,000 of home mortgage loan interest. Both spouses are obligated on the mortgage. From January
through March, the payments were made from a joint checking account to which the spouses had contributed equally.
For the rest of the year, the payments were made from marital property funds.
They paid $500 of deductible investment interest expense which was paid after April 1, 2022, using marital property funds,
and $6,000 of charitable contributions made from April through December using marital property funds.
Wisconsin home mortgage loan interest, investment interest, and charitable contributions are divided equally between
the spouses to figure the Wisconsin itemized deduction credit on their separate returns:
WORKSHEET 2-ITEMIZED DEDUCTION CREDIT
One Spouse Domiciled in Wisconsin All Year
Wisconsin Joint Return Wisconsin Separate Returns
Spouse A Spouse B
Mortgage interest $ 9,000 $ 4,500 $ 4,500
Charitable contributions 6,000 3,000 3,000
Investment interest 500 250 250
$ 15,500 $ 7,750 $ 7,750
Standard deduction (17,324) (7,579) (8,469)
Total 0 171 0
Rate of credit (5%) $ 0 $ 9 $ 0
Payments
WORKSHEET 2-cont.
One Spouse Domiciled in Wisconsin All Year
Wisconsin Joint Return Wisconsin Separate Returns
Spouse A Spouse B
Net tax $ 522 $ 378 $ 311
Less: Wisconsin income tax withheld 1,810 895 915
Estimated tax payments 600 0 600
Amount due (refund) $ (1,888) $ (517) $ (1,204)
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Income tax withheld
Spouse A had $1,760 of Wisconsin income tax withheld from wages. Spouse A's Wisconsin income tax withheld of $1,760
is divided equally between them on their separate returns.
Spouse B had $20 of income tax withheld from January through March, $30 for the rest of the year, and $600 of separate
estimated tax payments. Spouse B claims Wisconsin income tax withheld from January through March of $20. Since wages
for the rest of the year are marital property income, the withholding for the rest of the year of $30 is divided equally
between them on their separate returns.
Estimated tax payments
Spouse A can't claim any part of Spouse B's separate estimated tax payments on a separate return.
Example 3: Spouses Divorced During 2022
A married couple are domiciled in Wisconsin for all of 2022. They became separated in February 2022 and were divorced
on September 16, 2022. Their three children live with Spouse B all year and qualify as dependents. Spouse B signs a written
declaration that Spouse B will not claim them as dependents.
They prepare a worksheet to figure their Wisconsin income tax. They must file individual returns since on December 31,
2022, neither is married. The amounts shown in the following example assume that timely notification of each spouse's
income and expenses took place.
Income
Spouse A's and B's services and property produced the following income:
WORKSHEET 3
Spouses Divorced During 2022
Spouse A Spouse B
Income (Spouse A's)
Wages (Jan. 1-Sept. 15) $ 14,500 $ 14,500
Wages (Sept. 16-Dec. 31) 15,000 0
Interest income (Jan. 1-Sept. 15) 1,000 1,000
Interest income (Sept. 16-Dec. 31) 500 0
Partnership income (Jan. 1-Sept. 15) 1,775 1,775
Partnership income (Sept. 16-Dec. 31) 1,450 0
Total $ 34,225 $ 17,275
Income (Spouse B's)
Wages (Jan. 1-Sept. 15) $ 4,000 $ 4,000
Wages (Sept. 16-Dec. 31) 0 5,000
Total 4,000 9,000
Wisconsin income $ 38,225 $ 26,275
Spouse A's wages, interest income, and partnership income earned through September 15 are marital property income.
Spouse B doesn't challenge this allocation of partnership income. Half is reported on each individual return.
Spouse B's wages earned through September 15 are marital property income. Half is reported on each individual return.
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Standard Deduction, Exemptions, Credits, and Payments
WORKSHEET 3-cont.
Spouses Divorced During 2022
Spouse A Spouse B
Wisconsin income $ 38,225 $ 26,275
Standard deduction (9,239) (13,145)
$ 28,986 $ 13,130
Deduction for exemptions (2,800) (700)
Wisconsin taxable income $ 26,186 $ 12,430
Tax $ 1,078 $ 441
Renter's school property tax credit $ 121 $ 20
Homeowner's school property tax credit 26 194
Total credits (147) (214)
Net tax $ 931 $ 227
Less: Wisconsin income tax withheld
Spouse A: Jan. 1-Sept. 15 $ 500 $ 500
Spouse A: Sept. 16-Dec. 31 970 0
Spouse B: Jan. 1-Sept. 15 120 120
Spouse B: Sept. 16-Dec. 31 0 220
Less: Estimated tax payments 750 0
Total 2,340 840
Amount due (Refund) $ (1,409) $ (613)
Standard deduction
Spouse A's standard deduction is from the single column of the Standard Deduction Table in the Form 1 booklet. Spouse B
qualifies to file as head of household and the standard deduction is from the head of household column of the Standard
Deduction Table in the Form 1 booklet.
Exemptions
The spouses are each entitled to an exemption of $700. Since Spouse A claims the three children as dependents, an
additional exemption of $700 is allowed for each of the three children.
Tax
Spouse A's tax is from the single column of the Tax Table in the Form 1 booklet. Spouse B qualifies to file as head of
household and tax is from the head of household column of the Tax Table in the Form 1 booklet.
Renter's/homeowner's school property tax credit
Spouse B paid $2,500 of property taxes on their home in December 2022. Spouse B lived in the home all year, but Spouse A
lived there only until March 1. The home was titled as marital property but was awarded to Spouse B as part of the divorce
settlement.
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
Spouse A paid rent of $5,000, which included heat, from March through December. Since Spouse A's rent included heat,
the renter's credit is from column 1 of the Renter's School Property Tax Credit Table in the Form 1 booklet. Since Spouse
A lived in the home with Spouse B from January through February, Spouse A is entitled to $208 of property taxes ($2,500/2
x 2/12=$208). The homeowner's credit is from the Homeowner's School Property Tax Credit Table in the Form 1 booklet.
Since Spouse B paid the property taxes, Spouse B may claim a renter's credit based on Spouse A's share of the property
taxes for the 6-½ months that Spouse A owned but didn't occupy the home (0.5 x 6.5/12 x $2,500 = $677). On Spouse B's
return, the homeowner's credit is based on $1,615 of the property taxes paid ($2,500 minus $885 allocated to Spouse A).
The property taxes for 8 ½ months are divided equally between the spouses ($885). In addition, Spouse B may claim the
property taxes for the 3 ½ months while sole owner (3.5/12 x $2,500 = $730). The homeowner's credit is from the
Homeowner's School Property Tax Credit Table in the Form 1 booklet.
Withholding
Spouse A had Wisconsin income tax withheld from wages of $1,000 from January through September 15, and Wisconsin
income tax withheld from wages of $970 for the rest of the year. Spouse B had Wisconsin income tax withheld from wages
of $240 from January through September 15, and Wisconsin income tax withheld from wages of $220 for the rest of the
year.
Since the couple's wages from January through September 15 are divided equally between the spouses, their Wisconsin
income tax withheld during that time is also divided equally between them. Each spouse claims their own withholding for
the rest of the year.
Estimated tax payments
Spouse A had $750 of separate estimated tax payments. Spouse B can't claim any part of Spouse A's separate estimated
tax payments.
HOMESTEAD CREDIT EXAMPLES
On the following pages are three examples which show how to figure your household income, property taxes accrued,
and rent constituting property taxes accrued if you and your spouse maintained separate homes on December 31, 2022,
or became divorced during the year.
Example 1: Separate Homes on December 31, 2022
A married couple resided in their jointly-titled home from January 1 to July 31, when Spouse B moved permanently to a
nursing home.
Spouse A paid all of the property taxes for the year of $600. Spouse B paid rent for occupancy, not including food, at the
nursing home for the period August 1 through December 31 of $500.
Both spouses qualify for homestead credit. Figure household income, property taxes accrued, and rent constituting
property taxes accrued applicable to each spouse as shown below.
Note: The income and taxes for the time the spouses shared the same home are reported on both homestead credit
claims. Spouse A may claim 25% of Spouse B's share of property taxes for the period Spouse B didn't live in their home,
since Spouse A paid the tax.
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
WORKSHEET 1
Separate Homes on December 31, 2022
Wisconsin Homestead Returns
Spouse A Spouse B
Household Income
(A) January 1- July 31 $ 4,500 $ 4,500
(B) January 1- July 31 1,500 1,500
(A) August 1- December 31 2,000 2,000
(B) August 1- December 31 1,500 1,500
Total Household Income $ 9,500 $ 9,500
Property Taxes Accrued
(A) January 1- July 31 (7/12 x $600 x 1/2) $ 175 $ 175
(B) January 1- July 31 (7/12 x $600 x 1/2) 175 175
(A) August $ 1- December 31 (5/12 x $600 x 1/2) 125 0
(B) August $ 1-December 31 (see below) 0
Total Property Taxes Accrued $ 475 $ 350
Rent Constituting Property Taxes Accrued
(A) 25% of Spouse B's share of property taxes paid by Spouse A
for the period August 1 – December 31
(5/12 x $600 x 1/2) x 25% $ 31 $ 0
(B) 20% of rent paid for occupancy only (20% x $500) 0 100
Total Rent Constituting Property Taxes Accrued $ 31 $ 100
Total Allowable Taxes and Rent $ 506 $ 450
Example 2: Spouses Live Apart All Year
A married couple maintained separate homes all year. Spouse A resided in the family home, which was acquired prior to
January 1, 1986, and was solely titled in Spouse A's name. The home was fully paid for prior to January 1986, and no
improvements were made after that date. Both spouses were age 65 on December 31, 2022.
Spouse A paid all of the property taxes for the year of $700. Spouse B resided in a nursing home for the entire year
and paid rent for occupancy, not including food, of $3,000.
Both spouses qualify for homestead credit. Figure household income, property taxes accrued, and rent constituting
property taxes accrued applicable to each spouse as shown below.
Note: The home is not classified by the marital property law since it was acquired prior to January 1, 1986, and there has
been no subsequent marital property mixing. All of the household income is classified as individual income.
WORKSHEET 2
Spouses Live Apart All Year
Wisconsin Homestead Returns
Spouse A Spouse B
Household Income
Social security $ 6,000 $ 5,000
Pension 3,000 0
Total household income $ 9,000 $ 5,000
Property Taxes Accrued $ 700 0
Rent Constituting Property Taxes Accrued
20% of rent paid for occupancy only (20% x $3,000) 0 $ 600
Total Allowable Taxes and Rent $ 700 $ 600
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
Example 3: Divorce During 2022
A married couple lived together through May 31 and paid rent, which didn't include heat, of $200 per month to that date.
On June 1 they both moved. Spouse A paid rent, which didn't include heat, of $150 per month and Spouse B paid rent,
which didn't include heat, of $175 per month. On December 1, 2022, they became divorced.
In this situation, figure household income and rent constituting property taxes accrued for each homestead credit claim
as shown below.
Note: The income and rent for the time the spouses shared the same home are reported on both claims.
WORKSHEET 3
Divorce During 2022
Wisconsin Homestead Returns
Spouse A Spouse B
Household Income
(A) January 1 – May 31 $ 5,000 $ 5,000
(B) January 1 – May 31 1,000 1,000
(A) June 1 – November 30 1,250 1,250
(B) June 1 – November 30 750 750
(A) December 1 – December 31 500 0
(B) December 1 – December 31 0 1,000
Total Household Income $ 8,500 $ 9,000
Rent
(A) & (B) January 1 – May 31 $ 1,000 $ 1,000
(A) June 1 – December 31 1,050 0
(B) June 1 – December 31 0 1,225
Total Rent $ 2,050 $ 2,225
Rent Constituting Property Taxes Accrued
25% of rent paid for occupancy only $ 513 $ 556
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
APPENDIX
Classification of Income
Marital property income Marital property income must generally be divided equally between spouses on separate
Wisconsin income tax returns and separate homestead credit claims (unless one of the exceptions to the marital property
law applies). The following is a list of types of income reported on income tax returns and/or homestead credit claims
which are generally marital property income when received:
• Wages • IRA distributions to the extent classified as marital
• Interest income property
• Dividends • Farm income
• Business income • Unemployment compensation
• Capital gains from marital property • Railroad retirement benefits to the extent
attributable to employment after the determination
• Capital gains from individual or unclassified property
date (except Tier 1 benefits)
to the extent attributable to the substantial efforts of
either spouse that weren't reasonably compensated • Worker's compensation (except amounts for pain or
suffering)
• Pensions and annuities to the extent employment
giving rise to the benefit occurred after the • Scholarships, fellowships, and grants
determination date • G.I. bill benefits to the extent attributable to military
• Net rents and royalties service after the determination date
• Distributive share of partnership income • Nontaxable military compensation and cash benefits
• Distributive share of tax-option (S) corporation • Income distributed from trusts and estates Exception:
income If distribution is to only one spouse, see "Individual
income"
• Distribution of income previously taxed at the S
corporation level
Individual income The following is a list of types of income reported on income tax returns and/or homestead credit claims
which are generally individual income when received:
• Alimony • SSI payments
• Capital gains from individual or unclassified property • Tier 1 railroad retirement benefits
to the extent the gain wasn't substantial or wasn't due • Railroad retirement benefits to the extent
to the substantial efforts of either spouse, or if the attributable to employment before the determination
gain was substantial and due to the substantial efforts date
of either spouse, those efforts were reasonably
• Worker's compensation to the extent for pain or
compensated
suffering
• Pensions and annuities to the extent employment
• Support money
giving rise to the benefit occurred before the
determination date • Cash public assistance (such as Wisconsin Works and
foster care payments) and county relief
• IRA distributions to the extent classified as nonmarital
property • G.I. bill benefits to the extent attributable to
employment before the determination date
• Income to one spouse from a trust created by a third
person, unless the trust provides otherwise • Income from property gifted by one spouse to the
other, absent a contrary intent
• Social security benefits
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
Worksheet for Married Persons Filing Separate
Returns and Persons Divorced in 2022
Include with your 2022 Wisconsin income tax return
Fill in your name and social security number
Total marital Marital property Other amount Total amount you
property of you amount you are you are report- are reporting on
and your spouse reporting ing your 2022 return
1. Wages, salaries, tips, etc.
2. Interest income
3. Dividends
4. Business income or (loss)
5. Capital gains or (losses)
6. Pensions, IRA distributions, and an-
nuities
7. Rents, royalties, partnerships, es-
tates, trusts, etc.
8. Farm income or (loss)
9. Unemployment compensation
10. Other income
11. Wisconsin taxes withheld
12. Wisconsin estimated tax payments
Check the box which explains how you are figuring the amounts to report on your 2022 Wisconsin income tax return.
I am figuring my income and withholding for 2022 based on Wisconsin's marital property law.
I became married in 2022. I am figuring my income and withholding based on Wisconsin's marital property law for the period
from ________ to ________.
I became divorced in 2022. I am figuring my income and withholding based on Wisconsin's marital property law for the period
from ________ to ________. My former spouse's name and social security number is
_____________________________________________________________________________________________________.
I was a part-year Wisconsin resident, or I was married to a part-year Wisconsin resident, in 2022. I am figuring my income and
withholding based on Wisconsin's marital property law for the period from ________ to ________.
I am figuring my income and withholding to reflect a marital property agreement or unilateral statement.
Other reason – explain here ______________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
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Tax Information for Married Persons Filing Separate Returns and Persons Divorced in 2022 Publication 109
Applicable Laws and Rules
This document provides statements or interpretations of the following laws and regulations enacted as of February
17, 2023: chs. 71 and 766, Wis. Stats. and sec. 66, IRC
Laws enacted and in effect after this date, new administrative rules, and court decisions may change the
interpretations in this document. Guidance issued prior to this date, that is contrary to the information in this
document is superseded by this document, according to sec. 73.16(2)(a), Wis. Stats.
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