pk
Level 15
Level 15

Deductions & credits

@ComplicatedTaxSituation , yes I understand  that you are having a somewhat complicated situation cause by both needing to exclude  your foreign earned income from federal taxes  but also  being qualified for the  health insurance.

What  you appear not to have considered  is that once you  ( Husband ) have left California , you are NOT a tax resident of California.  Thus it is perhaps better for you to file MFJ for federal and  MFS for California  ( California  allows  residents  to be considered  non-resident for up to  three years I think ).  I suggest this because  ACA and /or  health insurance requirement is not applicable when you are outside the country.  So   the applicable MAGI should only be  her income and health coverage is only for her.

This is what I find from FTB California:

"

Exception

If you file a joint return for federal purposes, you may file separately for California if either spouse was one of the following:

  • An active member of the United States armed forces or any auxiliary military branch during the year
  • A nonresident for the entire year and had no income from California sources during the year

Filing requirement

Visit Resident, Part-year resident and Nonresident taxation or Military for your filing requirement.

 

Perhaps your wife may call the FTB and get better guidance -- I think this may not be applicable for 2024 but should apply for 2025 on wards.

 

And yes ,  to be able to  take advantage of  FEIE, you will have to meet the  330 Days abroad  ( note flying over international waters  does  not count as part of the 330 days.  So have to be careful.

 

Is there more I can do for you ?