topic Married couple living in CA and NY in State tax filing

Married couple living in CA and NY

aaessa — Tue, 24 Feb 2026 08:15:29 GMT

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

Re: Married couple living in CA and NY

SusanY1 — Fri, 29 Dec 2023 22:42:31 GMT

Re: Married couple living in CA and NY

TomD8 — Thu, 28 Dec 2023 15:08:39 GMT

"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.

Re: Married couple living in CA and NY

aaessa — Fri, 29 Dec 2023 19:20:33 GMT

Thanks!

Just to confirm, it is legal to do so?

Re: Married couple living in CA and NY

CatinaT1 — Mon, 08 Jan 2024 17:50:08 GMT

Yes, this is legal.

This link will take you to the State of California's website where it shows this is permissible: State of California, Married Filing Jointly.