Question

Can I file for CA state single and married filing separate for federal?

Forum|Forum|5 years ago
October 6, 2020
1 reply
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I need to do my tax for 2019

my wife is NRA and did not live in California for 2019. She just arrived a few months ago and we are still waiting for the ssn, but the last day to do the tax is oct 15th.

Thank you

rjs

Employee

You cannot file as single if you were married as of the last day of the year. Your only choices are married filing jointly or married filing separately. Furthermore, California requires you to use the same filing status on your California tax return that you used on your federal tax return. There is an exception if you file a joint federal return and your wife was not a California resident at any time during the year and had no income from California sources. In that case you could file separately for California. But if you file your federal return as married filing separately, you have to file as married filing separately for California. For details see "Filing Status" on page 3 of the Form 540 Instructions.