If you are married and you or your spouse are subject to the
community property laws of a foreign country, a U.S. state, or a U.S.
possession, you generally must follow those laws to determine the
income of yourself and your spouse for U.S. tax purposes. But you must
disregard certain community property laws if:
- Both you and your spouse are nonresident aliens, or
- One of you is a nonresident alien and the other is a U.S.
citizen or resident and you do not both choose to be treated as U.S.
residents as explained in chapter 1.
In these cases, you and your spouse must report community
income as explained below.
Earned income.
Earned income of a spouse, other than trade or business income and
a partner's distributive share of partnership income, is treated as
the income of the spouse whose services produced the income. That
spouse must report all of it on his or her separate return.
Trade or business income.
Trade or business income, other than a partner's distributive share
of partnership income, is treated as the income of the spouse carrying
on the trade or business. That spouse must report all of it on his or
her separate return.
Partnership income (or loss).
A partner's distributive share of partnership income (or loss) is
treated as the income (or loss) of the partner. The partner must
report all of it on his or her separate return.
Separate property income.
Income derived from the separate property of one spouse (and which
is not earned income, trade or business income, or partnership
distributive share income) is treated as the income of that spouse.
That spouse must report all of it on his or her separate return. Use
the appropriate community property law to determine what is separate
property.
Other community income.
All other community income is treated as provided by the applicable
community property laws.
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