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divided your income between spouses in WV

I have TT H&B 21. We live in TX, no state tax, but wife has income in WV, so have WV state tax program. We file fed and WV as joint, and WV as out of state. We are seniors. We each receive separate retirements via 1099-R, separate 1099-SSA, and I received a 1099-R for RMD. Our income can be divided into mine only – M, my wife’s only – W, and income from a joint account J. Our AGI form federal taxes is M+W+J. Wife receives a small income from property WV. Only a small part of W has WV income. I can compute all the calculation in the fed return and I agree with everything. However the TT WV 21 state return calculates an AGI for me – A, and an AGI for my wife – B. The AGI values add up properly: M+W+J=A+B. Also as expected M<A and W<B. But somehow J is split between me and my wife. I have printed the expanded .pdf file and looked at all the forms and worksheets to figure out how this calculation is performed. The values only appear in one place, in WV Schedule M of I-140, in the “Senior/Disabled Income Exclusion Smart Worksheet” the numbers just appear with no justification or reference. Step-by-step approach says the “Based on your entries for the Federal return, we have divided your income between spouses. If it is not correct, adjust accordingly to the percentage of ownership or select continue if the amount is correct.” I would like to know to compute the value. I can say 1.0>M/(M+W)>(A-M)/J>0.5. In words, I have a larger AGI than my wife, the income from the joint account is less than my income, and most of the joint account is being given to me, but less than the ratio of my dedicated income to my wife’s dedicated income. A-M is the amount of J, the joint income, I receive. B-W is the amount of the joint income my wife receives. (A-M)+(B-W)=J, but (A-M)>(B-W).

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5 Replies
JohnB5677
Employee Tax Expert

divided your income between spouses in WV

First, did your wife actually travel to WV to do the work.  If she did not,  If she worked from home, you do not owe any WV tax.

 

If she did travel and work in WV the only money she will owe WV tax on is that specific income that she earned while in WV.  None of your income or your wife's retirement or joint accounts are taxable in WV.

 

You can still file jointly in WV, but none of your income, your joint income, or her retirement income will be on the WV return.

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divided your income between spouses in WV

 

[Edited] whoops, need to read more carefully. 

 

Wife receives income from a property (rental? coal property royalties?) located in WV.  That could very well require a WV non-resident tax return, even if she never went to WV during 2021.  I would think that, in the end, only that income would be WV taxable.

 

....but not sure if TX community property laws have any effect, especially since you are filing MFJ nonresident for WV anyhow. 

 

Y'all might need a WV-specific software expert to parse thru that mess. 

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*

divided your income between spouses in WV

Presence in WV immaterial. WV is not a community property state.

I have found even more. For W-2, 1099-INT, 1099-R, 1099-SSA specify can specify self, wife, joint. However entering 1099-B TT provides NO OPTION. The question is HOW DOES TT SPLIT INCOME THAT IS JOINT? It might be a legal question, but it definitely is a TT programming decision since the program did it…some way. I can find no tracks in filed tax papers or in worksheets within TT that shows how the decision was made.

I think this problem is beyond the community because I do not think you are privy to look at TT source code.

divided your income between spouses in WV

I should have added that TT does not distribute the joint income as either 50:50 or in proportion with Self:Spouce.

divided your income between spouses in WV

Answer about making 1099-B joint:

https://ttlc.intuit.com/community/taxes/discussion/unable-to-enter-1099b-[product key removed]e-s-na...

It shows how to modify "Form 1099B Wks"

 

Still has problems:

  1. Does not allow show how to have multiple worksheets, some blank, some Spouse, some Joint.
  2. What ever you set it, does not change calculation TT uses to distribute AGI.

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