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chunkt
New Member

California state income non resident file jointly or separately

Scenario:

I got married in Sep 2024. My wife worked in California from April 2024 to May 2024 and had income from the state. Before that she was in Illinois but had no income. After May, she moved to Tennessee and is working from there since. I was a Massachusetts resident all year and had no income from California.

 

We're filing a joint Federal tax return because it gives us the maximum refund. We cannot file state tax jointly for MA since both of us were not residents. 

For CA, we can file separately only if one (or both) was non-resident and had no income from "California sources". According to the instructions here.

" If either spouse earned California source income while domiciled in a community property state, the 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."

 

So its a bit confusing since we were not married when she was in CA and considering the final domicile of both of us during the year, none of us were in a community property state. Or do we consider domicile as CA because that's where she was when the she earned the income? 

 

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4 Replies
MaryK4
Employee Tax Expert

California state income non resident file jointly or separately

Because you were not married when your wife earned the California income, it is not community income so she can file the California nonresident return as separate and you do not have to file California.  

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chunkt
New Member

California state income non resident file jointly or separately

@MaryK4 

Thanks for the answer.

 

Does California consider us married for the whole year like IRS even when we were not married at the time of my wife having income from the state of California?

MaryK4
Employee Tax Expert

California state income non resident file jointly or separately

Yes, California (and the IRS) looks at your marital status on December 31st regardless of when you were married and applies it t the entire year.  You are able to sort and classify the income through the year.  It would be easier (and possible) to use the dates (because you do have to enter them and they are reported on the CA tax return), but they do not allow this currently.  @kanishkt 

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chunkt
New Member

California state income non resident file jointly or separately

So is it advisable to file jointly or separately for California?

If filling jointly,does that affect my MA state income because of community property income from California?

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