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Level 5
April 4, 2023

Why ER HSA Contribution on a CA nonresident's W-2 form subject to CA income adjustment?

  • April 4, 2023
  • 2 replies
  • 22 views

A Colorado full-year resident has passive loss from a minor ownership to a CA partnership holding CA farming property - he files a multi-state tax return. 

His W-2 income is 100% Colorado sourced income with a Employer HSA contribution.  Even I'm filing a Form 540NR and checked "Non Resident" on Sch CA-NR, ProConnect still gives me critical diagnostic warning, until I adjust CA income to include the ER HSA contribution as a CA taxable income. 

Client's only CA income source has a ordinary loss, but now he needs to pay a CA tax on part of his CO wages, which is hard to make sense...any one has the relevant CA tax code that I can quote? Or anything on ProConnect needs to be fixed?  Thank you in advance!

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    2 replies

    abctax55
    Level 15
    April 4, 2023

    Because CA starts with Federal income, then adjusts that to comply with CA laws.  CA doesn't allow HSA contributions. 

    Then the tax is computed, and then modified by the % of CA source income to Federal income as adjust to CA tax laws.

     

    HumanKind... Be Both
    abctax55
    Level 15
    April 4, 2023

    As for a cite - try Spidell's for all things CA.   

    https://www.caltax.com/

    HumanKind... Be Both
    rbynaker
    Level 13
    April 4, 2023

    I don't speak ITO (or Lacerte) but looking at the CaCa form I would expect the HSA adjustment in Part II Column C but not in Column E.  I'm wondering if you need a -1 somewhere?

    (I'm looking at a client's return from last year so hopefully the CaCa sections/columns haven't changed for 2022!)

    TaxesTechAuthor
    Level 5
    April 4, 2023

    You are right the adjustment was put in Column C and Column D and E were automatically populated the same thing...now I see the tax form did say in Column E that even Nonresident subject to adjustment.  Thank you so much!