CA man with 0 income & HI wife with W2 not itemizing filing married separate returns, is CA resident responsible to report 1/2 Hawaii Community Prop?
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It depends on where your wife is domiciled. If she is a California resident for tax purposes, her income, (regardless of where it is earned) is considered community property in California. However, if she is a Hawaii resident, her HI income is separate property. Please note the definition provided by California at the following link:
What is community property? | California Franchise Tax Board
From that link comes this excerpt: Community property is anything acquired by the husband and wife during their marriage while they are domiciled in a community property state. (Italics added.) Hawaii is a separate property state, so her income is separate property under Hawaii property rules and California will allow it to continue to be such.
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