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kborglum
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I'm a CA resident; my husband is a MT resident; we own CA & MT rental properties; some a profit & some a loss; do we report half of the total net loss to CA & half to MT?

or do we report the CA property on my CA return and the MT property on his MT return.  Most, but not all, of the property is jointly titled.

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I'm a CA resident; my husband is a MT resident; we own CA & MT rental properties; some a profit & some a loss; do we report half of the total net loss to CA & half to MT?

Use the same filing status for California that you used for your federal income tax return unless you are in a same-sex marriage or a registered domestic partnership (RDP).

If you file a joint tax return for federal purposes, you can file separately for California if either spouse was:

  • An active member of the United States armed forces or any auxiliary military branch during 2017.
  • A nonresident for the entire year and had no income from California sources during 2017.

Community Property States: If the spouse earning the California source income is domiciled in a community property state, community income will be split equally between the spouses Both spouses will have California source income and they will not qualify for the nonresident spouse exception If you had no federal filing requirement, use the same filing status for California that you would have used to file a federal income tax return.

If you filed a joint tax return and either you or your spouse/RDP was a nonresident for 2017, file the California Nonresident or Part-Year Resident Income Tax Return (Long or Short Form 540NR).

For additional information, please follow the link https://www.ftb.ca.gov/individuals/Filing-status-information.shtml

Married Filing Separately in Community Property States https://ttlc.intuit.com/replies/3301943

Montana. Married couples cannot file on the same form if one spouse is a resident and the other spouse is a nonresident. 
Married Filing Separately on separate forms. Income and deductions for one spouse are reported in column A.This option can be used by spouses who want to pay taxes and receive refunds separately. If both spouses have income, this status must be used if one spouse is a resident and the other spouse is a nonresident.
Married Filing Separately and spouse not filing. Income and deductions for one spouse are reported in column A.This option is used if:
Both spouses are nonresidents, and one spouse has no Montana-source income,
One spouse is a resident, and the other spouse is a nonresident and has no Montana-source income, or
Another taxpayer claims one spouse as a dependent. 

For additional information, please follow the link https://mtrevenue.gov/taxes/individual-income-tax/filing-requirements/

[Edited: 03/19/2018 [5:26 pm]]
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