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Allocating W-2 wages for foreign earned income taxpayers

October 04, 2016 • Michael Evans • Log In to Post Comments

Hubby and wife married in 2015 both work and live overseas and qualify for the foreign earned income exclusion for Federal tax return.  Hubby visited / vacationed in CA, his home state, in 2015 for more than 45 days, wife did not and has no ties to California other than she married a guy who does but as mentioned they live and maintain a home overseas.  Wife visited NY, her home state for more than 45 days in 2015.   I'm thinking for filing seperate Fed, Ca and NY returns and not allocating any community property W2 wages for CA, would that be correct?  


Technically if he is domiciled in California (means to come back) and there is no separate property agreement his wages are community but hers are not.


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