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W is a resident of CA, H is a resident of NV, W receives a pension: Is H CA taxable on 50% of the pension on 540-NR as CA source; or is that 50% exempt under 4 US 114?
W earned pension benefit exclusively from CA work and all is community property. Alternatively, would CA require W to include 50% of H's pension payments in NV or would it too be exempt from CA tax under 4 USC 114? Are pension payments different than CA wages which are allocated 50% to W and H as CA source income and are 100% taxable in CA. Basically, are pension payments treated as CA sourced wages because of W's residency or are they treated as sourced to the two different states since H and W both have a 50% community property right in the pension? I cannot find an answer to this. Thank You.
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‎January 9, 2024
1:13 PM