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Community Property State, Public Service Loan Forgiveness, Unequal Incomes - HELP!

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Total Posts: 3

Joined 2016-02-15

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Hi Heather,

My husband and I live in a community property state.  We have been filing separately, and he’s been in IBR + Public Service Loan Forgiveness for nearly 7 years.  This year, I started a business with a partner and we did pretty well, so for the first time, our incomes are very unequal.  As such, it appears that his monthly payments next year will triple due to his share of my income.  I read a prior post of yours regarding providing alternative documentation regarding income so that community property borrowers are not penalized due to this type of issue.  My understanding is that we must file our taxes separately or all the income counts for his IBR calculation, and that due to living in a CPS, it all gets divided in half no matter what. I have paid off my student loans already, and I have not contributed anything to his student loans, and we split all our bills 50/50 and have been forever.  The majority of the income I am being taxed on this year is still held within the company, an LLC that is taxed as an SCorp, but of course it does show up as part of my income due to it being a pass through entity.  Can you send me any information on what type of information needs to be submitted and to whom?  Will this change how we file or how we allocate the income on our taxes?  I need to file our taxes ASAP since we have a high school senior entering college and need to fill out the FAFSA by March 1.