TomD8
Level 15

Retirement tax questions

I should have been clearer, but I cited Example 3 because of the footnote that states *California nonresidents are not taxed by California on pension income.  That statement is from a California Tax Board publication, so it is authoritative.

 

Pensions are community property if they were earned in a community property state during the period of the marriage.  If pension is community property, then 50% of the pension income belongs to each spouse.  In your example, H is a non-resident of CA.  Therefore his share of the pension income is not taxable by CA.  W is a resident of CA, therefore her share of the pension income is taxable by CA.

 

Another source:

"California does not tax the IRA distributions, qualified pension, profit sharing, and stock bonus plans of a nonresident." 

https://www.ftb.ca.gov/forms/misc/1100.html

 

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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