Announcement

Collapse
No announcement yet.

Question on Domicile & Married Filing Separate & Community Property

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Question on Domicile & Married Filing Separate & Community Property

    For the following set of factors which state should be the husband’s domicile?
    1] A couple is married and jointly own a family home in Ca (both names are on the deed).
    2] The wife is domiciled in Ca (community property state) and lives in the family home.
    3] The husband spends most of the year in PA (a separate property state) for business purposes, yet he also does spend time with his wife in the Ca family home. He rents a place to stay in PA. They have no plans to divorce.
    4] The wife has W2 income from CA.
    5] The husband has sole proprietor (Schedule C) and pension 1099-R income. PA would be his Tax Home for travel expenses related to his business.
    - The husband’s 1099-Rs list PA on the forms.
    - PA does not tax PA resident’s pension income.
    6] They file MFS tax returns and say they do not share information.

    Based on the limited factors above would the following be the correct way to file their MFS returns?
    A] Both the husband and wife should both be considered to be domiciled in Ca.
    B] The wife should file a CA MFS Resident return based on one-half of her Ca income. She would also file a Federal MFS 1040 based on the same income.
    C] The husband should file a PA MFS Non-Resident return based on his Schedule C income and pensions.
    D] The husband should file a CA MFS Resident return based on one-half of his wife’s Ca income and all his other income. He can also file a Ca Schedule S to get a credit for taxes paid in PA. He would also file a Federal MFS 1040 based on the same income.

    If the factors show the husband is really domiciled in PA, then would the following be the way to file their returns?
    A] The wife should file a CA MFS Resident return based on one-half of her Ca income. She would also file a Federal MFS 1040 based on the same income.
    B] The husband should file a PA MFS Resident return based on his Schedule C income and pensions, and one-half of the wife’s CA income. He would file a Federal MFS 1040 based on the same income.
    C] The husband should file a CA MFS Non-Resident return based on one-half of his wife’s CA income. He can also file a Ca Schedule S to get a credit for taxes paid in PA.

    Other:
    1] The husband’s 1099-R forms list PA as the state. If the husband is really domiciled in Ca, shouldn’t he get the state changed to CA on the 1099Rs? (I suspect they want to hide the pension income from Ca so the husband files a PA MFS Resident return so it is not taxed).
    2] The husband claims they do not share tax information but since they are married and share a home that seems unlikely. Is the only way to handle that is for the preparer to document what the husband says and file the husband’s PA & Federal MFS returns without the CA income. Obviously, the wife would use a different preparer to file her CA and Federal MFS returns with all (100%) her CA income?


    #2

    If "they do not share information", how would the husband "file a CA MFS Resident return based on one-half of his wife’s Ca income"?

    I'm guessing both PA & CA consider him a resident.
    https://www.revenue.pa.gov/FormsandP...ts/rev-611.pdf
    https://www.revenue.pa.gov/FormsandP...dencyStatus%22
    • Statutory Residency
      A person who has a domicile outside the commonwealth can still be considered a resident of Pennsylvania for personal income tax purposes. Such a person is called a “statutory resident.” Statutory residency is established if a person domiciled outside the commonwealth:
      • Has a permanent place of abode in Pennsylvania; and
      • Spends more than 183 days (midnight to midnight) of the taxable year in Pennsylvania.
    A permanent place of abode is a house, apartment, dwelling place, or other residence that can be maintained as a household for an indefinite period, whether it is owned by the occupants or not.


    "Taxation is the price we pay for failing to build a civilized society." ~ Mark Skousen

    Comment


      #3
      To supplement the previous reply, note that a person has exactly one domicile at every moment. You cannot acquire a new one until you abandon the old one. From the facts as stated, it does not appear that PA taxpayer has abandoned their CA domicile.

      Also, regarding "sharing of info" for community income MFS filers -- there is some language in Pub 555 about disregarding community property under certain circumstances. My personal belief is that the IRS would much prefer getting the separate return filed with the known information, than waiting forever for a filing that takes all community income to account, when that info is not currently available.

      For California, unless both spouses are full-year residents, they must each file Form 540NR (non resident).

      Lastly, the state info on W-2s or 1099-Rs does not have much if any impact on determining residency.
      "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard

      Comment

      Working...
      X