Question

Married couple living in CA and NY

Forum|Forum|2 years ago
December 27, 2023
2 replies
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My wife and I are currently living and working in different states. This year, I moved alone to California, while she remained in New York for work. We plan to file a joint federal tax return. However, I'm wondering if it's possible for me to file a joint state return in California. This will reduce our taxes here

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SusanY1

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T

TomD8

Employee

"I'm wondering if it's possible for me to file a joint state return in California"

Yes, if you file your federal return using file status MFJ, then you may also file your California return as MFJ. Note that CA's rule is that you must use Form 540NR if either you or your spouse/RDP were a nonresident or part-year resident in the tax year.

https://www.ftb.ca.gov/forms/2022/2022-540nr-booklet.html

Form 540NR:

https://www.ftb.ca.gov/forms/2022/2022-540nr.pdf

You may also file your CA return using the MFS filing status, but if you do then CA's community property rules would apply to the division of income.

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