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Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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Married file jointly. I am a resident of Idaho. My spouse

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Married file jointly. I am a resident of Idaho. My spouse is a resident of Washington.
I work and live in Idaho. My spouse works and lives in Washington.
Idaho is taxing my spouses income produced outside of Idaho.
Idaho statute 63-3026A defines Idaho taxable income as income produced
within Idaho which my spouses income is not. What law says Idaho can tax
that income?
Hi and welcome to Just Answer!
Idaho may not tax nonresidents on income from sources outside Idaho.
Please see page 9 in this publication that specifically addresses your situation -
Q: I live and work in Idaho and my husband lives and works in Washington. How do I file our taxes?
A: Spouses can have separate residences and domiciles. Because you live in Idaho, you are an Idaho resident. Although your husband lives in Washington, he could also be an Idaho resident if he is domiciled in Idaho. If you file a joint return for federal income tax purposes, you must file a joint return for Idaho. If your husband is not a resident of Idaho, you must file Idaho Form 43, Idaho Part-year Resident & Nonresident Income Tax Return. Your husband should be listed as a nonresident and you should be listed as a resident. Because Idaho and Washington are both community property states, each of you has a one-half interest in the other’s earnings (assuming neither has separate income). You must report one-half of all the community income (including your husband’s earnings) regardless of source plus your separate income. Your husband must report one-half of the community income that is from Idaho sources plus his separate income from Idaho sources.

Let me know if you need any help.
Customer: replied 5 years ago.

Is my spouses income considered separate income and not

community income as on page 8 of the idaho Residency Status

and Idaho Source Income?

You may consider that income each of you earned is a separate for each of you.
For instance - you may have a prenuptial agreement and fully separate your income and properties.
Please see IRS publication 555 -
Community Property Laws Disregarded. The following discussions are situations where special rules apply to community property and community income for spouses. These rules do not apply to RDPs (or California same-sex spouses). 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).

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