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November 11, 2016 • Anonymous • Log In to Post Comments

Taxpayer worked in China from 2012-2016.  He and his wife are US citizens and they own a home and a rental property in CA.  He was recruited to work by a Chinese company and the contract ended in February 2016.  He was given an official resient permit to live in China between 2012-2016. His wife did not move with him.  She lives in CA and had CA source income between 2012-2016.  Does the taxpayer have to include income earned outside of CA on their MFJ CA tax return if he was a resident of China?  If the work performed was not in CA?  Would you file the wife as a CA resident  and he as a CA nonresident? If yes, why?

 

 


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He is a nonresident but still domiciled in California so 1/2 of his income is taxable to her.They shoudl file a jiont nonresident return and report all her wages and 1/2 of his wages. Everything else is reported with him as a resident and her as a nonresident. We have information on how to do this in our special report, California Taxation of Nonresidents and Part Year Residents.

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