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Is income earned by a federal employee considered community property in CA?

Forum|Forum|7 years ago
June 5, 2019
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My husband is a federal employee. We live in California. He insists upon filing MFS, although I am a SAHM and have very little income. I cannot afford a lawyer.

He will not comply with splitting our combined income down the middle or let me have my half of the deductions. And because he itemizes, I dont get any standard deduction. He states that because he is a federal employee, he and his income is not subject to community property laws or practices in CA. Let me say I am in an abusive relationship, and he is not looking for our mutual interests.

I am inclined to call BS, but wanted to ask a tax professional, can this be remotely true? If not, then how do I compel him? I dont even know how much he makes. I want to file my taxes correctly. And please keep this about the taxes. I know he is abusive and I will get out, but I need help with this question.

Best answer by ToddL

If your spouse is domiciled in California (i.e. a resident of California), his income earned as a federal employee is considered community property in CA.

There is no special exemption for federal employee income.

From page 11 of FTB Publication 1031 - 2017 Guidelines for Determining Resident Status

Community Income Income generated from community property is community income. Community income also includes compensation for services if the spouse/RDP earning the compensation is domiciled in a community property state. Divide the community income equally between you and your spouse/RDP when separate returns are filed

T

ToddLAnswer

Employee

If your spouse is domiciled in California (i.e. a resident of California), his income earned as a federal employee is considered community property in CA.

There is no special exemption for federal employee income.

From page 11 of FTB Publication 1031 - 2017 Guidelines for Determining Resident Status

Community Income Income generated from community property is community income. Community income also includes compensation for services if the spouse/RDP earning the compensation is domiciled in a community property state. Divide the community income equally between you and your spouse/RDP when separate returns are filed