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Level 3
posted May 9, 2021 9:37:56 PM

If my spouse and I are residents of state X and I receive UI from state X, but my spouse earns money from state Z do I need to report my unemployment income to state Z?

State Z has reciprocity agreements with State X, but we're residents of State X.  State X also doesn't tax UI benefits the same way as State Z.

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1 Best answer
Expert Alumni
May 15, 2021 3:31:14 PM

This comes from California's Instructions Guidelines for Determining Residency Status (FTB Publication 1031) :

 

"However, if you file a joint return and either spouse/RDP
was a nonresident or a part-year resident in 2020, file
a Form 540NR, California Nonresident or Part-Year
Resident Income Tax Return."

 

You need to go to the beginning of the California return and manually select the California nonresident return.  If you do not have that option, you may need to contact customer service.

 

20 Replies
Expert Alumni
May 10, 2021 7:39:46 AM

No. If you are filing nonresident income tax return, only report income from the nonresident state. Every state program is different, but you will generally see an allocation screen listing a federal amount and a state amount. All the state amounts should be $0 for the nonresident state except your spouse's earnings.

 

Many states start with federal income to create a base tax rate. If that is the case for your nonresident state, then your income will be indirectly included on the nonresident return. In these states, tax is computed by calculating the tax rate on all income and multiplying it by ()other state income ÷ total income) to get the actual tax liability.

Level 15
May 10, 2021 7:43:43 AM

The answer depends on State Z's tax laws.  For example, if your wife has to file in State Z, and she files a joint return, you might have to report your unemployment compensation on that return, but in most cases it wouldn't be taxed.

 

 

 

Level 15
May 10, 2021 9:42:49 AM

When asking about states, you really need to name the states.

 

For most reciprocity state situations, your spouse should not even be filing a state Z return

Level 3
May 15, 2021 12:10:02 AM

@ErnieS0 For some reason the workflow on the non-resident return wants it reported on the "Other Income" screen and accounts for the UCE adjustment.  When I enter the amount and run through the whole workflow it shows that I'm taxed on it by the non-resident state.

Expert Alumni
May 15, 2021 5:05:24 AM

@Yume States handle unemployment differently. I can't answer your question without knowing what state you are working on.

Level 3
May 15, 2021 11:18:18 AM

@ErnieS0 UI is from CA, state of employment of spouse is AZ.

Expert Alumni
May 15, 2021 11:29:56 AM

@Yume  I assisted you in a separate thread.  As AZ residents, the unemployment is taxed in AZ.  Since California does not tax the Unemployment, then there is no credit to California for this portion of the income (it's not needed because California doesn't tax it).  Your home state always taxes all of your income no matter where you receive it.

 

Make sure that the Unemployment has been entered into the Federal Section as reported on the 1099-G.  TurboTax will do the math to subtract out the 10200 Federal amount and then carry over what applies in Arizona.

Level 3
May 15, 2021 11:42:02 AM

@DanielV01 Though part of the matter is that 2020 complicates things.  My state of domicile and residence for 2020 has to be filed as CA.  My spouse has crossed the threshold of residency and has to file as an AZ resident.  As both are community states would income from my spouse be considered 1/2 mine and 1/2 of my UI be counted as 1/2 theirs and thus claimed accordingly to each state?

Expert Alumni
May 15, 2021 11:46:43 AM

Check what returns you are filing.  What you should be filing is a Married Filing Joint nonresident return for California and Arizona.  Both states will then only count the income that is earned and taxable in the state by the spouse that lives there.  Community property laws will be moot because you are filing jointly.

Level 3
May 15, 2021 12:00:04 PM

So I can get the AZ return to bring up a query about using the 140NR if I check "Confirm Main Form or Residency", but on the state screen both still say "resident" and appear to be joint.  Though as stated above I'm a CA resident for 2020 and my spouse is an AZ resident, but both state returns should be "non-resident"?

Expert Alumni
May 15, 2021 12:11:17 PM

Correct.  Since you are not both California or Arizona residents, you will use the California nonresident return and the Arizona part-year resident return.  , This allows you to list yourself as a resident of CA, and have your income taxed there, while your spouse will have her income exempted from California taxation.  And the reverse will be true for Arizona.

Level 3
May 15, 2021 12:13:39 PM

@DanielV01 Is there an easy way to get it to use those appropriate workflows?

Expert Alumni
May 15, 2021 12:18:51 PM

You have to go back to the beginning of each state interview.  If necessary, delete each and start over.  That way you can select the appropriate resident return for each.

Level 3
May 15, 2021 12:43:03 PM

@DanielV01 I started the CA one again.  Although since I'm a resident of CA and it asks the residency questions how do I answer them to get this workflow as it comes up the same as before?  I also want to ensure that this doesn't become an issue down the road if it incorrectly reports my residency for this year.

Expert Alumni
May 15, 2021 12:49:28 PM

You will answer that your California residency is from 01/01/2020 to 12/31/2020 (all year).  You will state that your wife is a Calfiornia nonresident.  The Arizona return should have similar questions and answers.

Expert Alumni
May 15, 2021 1:02:43 PM

The other thing you will do is go back to the Personal Information section and make sure that you state that your resident state is California but that your wife's residency is Arizona.  There are spaces for each when you enter in your personal information.

Level 3
May 15, 2021 1:23:24 PM

@DanielV01 The spouse became a resident of AZ about 3 months into 2020 when they were hired for the AZ job.  Does this change anything?

Expert Alumni
May 15, 2021 1:27:10 PM

Only somewhat.  You will want to make sure that the Arizona residency period is marked in the Personal Information screen.  California's return will still be a Nonresident return, and Arizona's return will definitely be a part-year resident return.  Both will tax only the income earned in the state.

Level 3
May 15, 2021 3:17:35 PM

@DanielV01 I've gone through the workflow for CA (with the residency period for AZ is marked in the personal info section and answered for the residency questions) and the screen that lists the state returns still says "Resident".  I'm not sure if this has anything to do with it, but the "Residency Information Before 2020" page has us both marked as "Yes" for line 1, "No" for line 2, and "No" for line 3 (I'm assuming that lines 2 and 3 are regarding other periods of residency in CA) and the next page has my dates as the whole year and her dates until the end of her residency in the state.

Expert Alumni
May 15, 2021 3:31:14 PM

This comes from California's Instructions Guidelines for Determining Residency Status (FTB Publication 1031) :

 

"However, if you file a joint return and either spouse/RDP
was a nonresident or a part-year resident in 2020, file
a Form 540NR, California Nonresident or Part-Year
Resident Income Tax Return."

 

You need to go to the beginning of the California return and manually select the California nonresident return.  If you do not have that option, you may need to contact customer service.