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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7269
Experience:  15years with H & R Block. Divisional leader, Instructor
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What are the tax implications if one spouse is a California

Resolved Question:

What are the tax implications if one spouse is a California resident and the other spouse becomes a resident of alaska (they are still married)?
Submitted: 3 years ago.
Category: Tax
Expert:  Robin D. replied 3 years ago.

Robin D :

Hello and thank you for using Just Answer.
A change in state residency does not make for divorce. The 2 taxpayers are still married unless they legally file for divorce. They may file a joint return or file Mrried Filing Seperate returns.

Customer:

In this situation they are not getting divorced nor do they want to. He is a pilot and contemplating accepting a position in alaska where he would be required to become a resident. She is a doctor who will stay in Califonia. So the question involves how will they be taxed at with one a resident of Alaska and the other a resident of California?

Robin D :

They can file a joint return or they can file Married filing separate. Since one is still in CA they are responsible for filing all their income and normally half of their spouse's income. If the spouse is not a resident of a community property state then their half earned in the other state is not taxable to CA.

Robin D :

The above is if the file as Married Filing Separate. Alaska is not a community property state and does not have income tax.

Robin D :

If the copule files separate then only the CA portion of the nonresident spouse would be included on the CA return of the resident spouse.

Robin D :

sorry, couple

Robin D :

If the entire year the copule remained apart and only one had income in CA then only the CA income will be taxed on teh CA return.

Customer:

ok, and if they file MFJ?

Robin D :

If they file Married Filing Joint then all income will be on the Return because if they file MFJ for federal they must file the same for CA.

Robin D :

You may wish to see the following
http://www.ftb.ca.gov/law/summaries/NonResTxCA_2002S.pdf
It summarizes the situation when one spouse is a nonresident and the other is a CA resident

Customer:

Are you still there

Expert:  Robin D. replied 3 years ago.
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Expert:  Robin D. replied 3 years ago.
Yes
Customer: replied 3 years ago.
You did not answer the last part of my question yet. What is the tax treatment if they file as Married Filing jointly with him in Alaska and her in CA. You answered the MFS treatment but not the MFJ treatment?
Expert:  Robin D. replied 3 years ago.

California's method of computing the tax liability of a nonresident or part-year resident taxpayer does not impose a tax on the nonresident or part-year resident taxpayer's income from sources outside of California but the income goes on the return and then a percentage is used against any CA income by the nonresident spouse. This percentage is how much can be used for exemption and deductions. If the Spouse had all income from another state then they are fine. Please look at the link
http://www.ftb.ca.gov/law/summaries/NonResTxCA_2002S.pdf

There are like 7 steps to calculate the nonresident portion if they file MFJ

 

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7269
Experience: 15years with H & R Block. Divisional leader, Instructor
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