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April 2, 2023
Question

My wife residency is Florida, but working in California were she rent an apartment. Do I say Yes for my spouse lived in another state?

  • April 2, 2023
  • 2 replies
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2 replies

Carl11_2
Employee
April 2, 2023

Yes, as she will be required to file a CA return for income earned in CA. If she maintains her FL residency status, then she'll file a CA non-resident return.

 

Employee
April 2, 2023

It depends on how long she lived in CA in 2022.

 

One of CA's rules is that a taxpayer "will be presumed to be a California resident for any taxable year in which they spend more than nine months in this state."  See page 5, "Coming into California", in this CA tax reference:

https://www.ftb.ca.gov/forms/2021/2021-1031-publication.pdf

 

If that's the case for your wife, you would answer YES about living in another state.

 

But if she was in CA fewer than 9 months, she would answer the question NO.  Instead, she would indicate that she had "Other State Income" from CA.

 

 

 

**Answers are correct to the best of my ability but do not constitute tax or legal advice.