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INCOME FROM SEPARATE PROPERTY INCOME - SPOUSES IN DIFFERENT COMM. PR0P. STATES

December 14, 2016 • Anonymous • Log In to Post Comments

I have a married couple filing joint federal and CA returns.  One spouse is domiciled and a resident of NV and the other is domicled and a resident of CA.  Spouse in NV has Schedule C income from separate property capital used to start business.  

Question- does 1/2 of the NV spouses schedule C income need to be reported as CA source income on the CA joint return even though the Schedule C business is separate property?  


Comments

If the income is separate property income under NV law, it does not have to be split and 1/2 reported on CA return. Generally there must be a written separate property agreement if services are performed by the owner-spouse.

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