cancel
Showing results for 
Search instead for 
Did you mean: 
Visitor I

CA man with 0 income & HI wife W2 not itemizing filing married separate returns, CA Community Prop?

CA man with 0 income & HI wife with W2 not itemizing filing married separate returns, is CA resident responsible to report 1/2 Hawaii Community Prop? 

1 Comment
TurboTax Specialist

CA man with 0 income & HI wife W2 not itemizing filing married separate returns, CA Community Prop?

It depends on where your wife is domiciled.  If she is a California resident for tax purposes, her income, (regardless of where it is earned) is considered community property in California.  However, if she is a Hawaii resident, her HI income is separate property.  Please note the definition provided by California at the following link: 

What is community property? | California Franchise Tax Board

 

From that link comes this excerpt:  Community property is anything acquired by the husband and wife during their marriage while they are domiciled in a community property state.  (Italics added.)  Hawaii is a separate property state, so her income is separate property under Hawaii property rules and California will allow it to continue to be such.