Ca help please - really split income with WI?

[WITAXLADY]

1 - at what point - does spouse become CA resident - took a job there and not been home in a year.

2 - From WI and directions read as both community property state - income gets split on CA - And the same on WI then? each state has a non-resident?

3  - Can she be a CA Nres? now how do I do that as they will see it is WI and CA and expect 50/50?

4 - able to use WI-OS, then?

Any help please to clarify this, please?

Thank you, Darlene

 

[joanmcq]

Since WI is also a community property state it's not bad.  Half of her income goes on his return and half of his goes on hers.  What I do:

Make up a spreadsheet that lists all income and splits it (make sure none of it is separate income, like an inheritance).  List all of his income on his return and all of her's on her return.  On Schedule 1, line 8z, list community property split, and deduct/add the amount from your spreadsheet.  Don't forget, you also split the withholding, and deductions.  The withholding you will have to override (I go into the backing worksheet, I don't override on the form.)

Fill out the 8958 allocating the income between the two spouses.

I've attached a copy of the spreadsheet I use.

community property split.xlsx

[BulldogTom]

Follow @joanmcq's advice.  It is solid.

CA residency is established when you Domicile in the State, which means you leave your former home and plop down in CA with no immediate intention of returning to where you came from.  If he intends to stay in CA, he will became resident at the point he made that decision.   She will be a non-resident until she becomes domiciled in CA.

Tom
Longview, TX

[WITAXLADY]

Thank you - it was determined she is temporary and supposed to be back in WI  - but covid has stopped it

But I do not want to split!! income - mini temper tantrum!!

D 

[Catherine]

Dunno about the CA rules, but I checked with MA last year (guy got stuck visiting mom and was here for months).  MA specifically exempted from income and residency people who were stuck here because they were not allowed to go home.  Worth looking up.