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Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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My husband has been living and working in AZ for 3 years.

Resolved Question:

My husband has been living and working in AZ for 3 years. I remained in Nevada. He has not been paying AZ income taxes. We are divorcing. Can I be held liable in any way for taxes, interest, and penalties for AZ income tax?
Submitted: 5 years ago.
Category: Tax
Expert:  Lev replied 5 years ago.


Hi and welcome to Just Answer!
Both Nevada and Arizona are community property states - means - a spouse's wages, earnings, and net profits from a sole proprietorship are community income and must be evenly split. So, generally, - you are responsible for taxes on your part of income.
However - certain community income not treated as community income by one spouse. Community property laws may not apply to an item of community income that you received but did not treat as community income. You are responsible for reporting all of that income item if:

1. You treat the item as if only you are entitled to the income, and

2. You do not notify your spouse of the nature and amount of the income by the due date for filing the return (including extensions).

Relief from liability arising from community property law. You are not responsible for the tax relating to an item of community income if all the following conditions exist.

1. You did not file a joint return for the tax year.

2. You did not include an item of community income in gross income.

3. The item of community income you did not include is one of the following:

a. Wages, salaries, and other compensation your spouse (or former spouse) received for services he or she performed as an employee.

b. Income your spouse (or former spouse) derived from a trade or business he or she operated as a sole proprietor.

c. Your spouse's (or former spouse's) distributive share of partnership income.

d. Income from your spouse's (or former spouse's) separate property (other than income described in (a), (b), or (c)). Use the appropriate community property law to determine what is separate property.

e. Any other income that belongs to your spouse (or former spouse) under community property law.

4. You establish that you did not know of, and had no reason to know of, that community income.

5. Under all facts and circumstances, it would not be fair to include the item of community income in your gross income.

If your situation satisfied all conditions mentioned above – you have no tax liability for your spouse’s income.
Let me know if you need any help.

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