If you are married and filing a joint return, how do you handle income from separate accounts (including trust accounts)? The issue is that the account is separate, yet taxes on the dividends, capital gains, interest from the account is paid from a joint account. What happens if the couple later splits or divorces? It seems unfair that the spouse who owns the separate account gets to keep all of it as taxes on the profits of it were paid jointly. It would seem logical to me that you must recalculate total tax without any of the separate income, and pay the difference to the other spouse in the event of a divorce.
BEGIN QUOTE publication 555
Income from separate property. In some states, income from separate property is separate income. These states include Washington, Nevada, California, Arizona, and New Mexico. Other states characterize income from separate property as community income. These states include Idaho, Louisiana, Wisconsin, and Texas.
END QUOTE
I suppose if you live in TX have a prenup that specifies that income from separate property is separate income, it would override the above quote from publication 555.
Does filing a MFJ return mean you are co-mingling the accounts, and thus it loses its characteristic as separate property?