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kcr35
New Member

Do I list my spouse's state of residence as PA when she lives in PA but all her work and W-2 are California? Or do I list her as PA? she telecommutes

 
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DanielV01
Expert Alumni

Do I list my spouse's state of residence as PA when she lives in PA but all her work and W-2 are California? Or do I list her as PA? she telecommutes

Pennsylvania is her state.  Some states do treat a telecommuter working from outside of the state as a worker within their state (and Pennsylvania is one that does).  However, California does not.  So if she has had taxes withheld to California, she should get a refund for her California taxes when you file the California return.

If you are filing your Federal return as Married Filing Joint, you will file your California return jointly also, but as nonresidents.  If you are living in California, then only your income will be taxed in California; hers is not.  However, her income will be taxed in PA where she is living.  (She can and should file Married Filing Separately in PA).

But even though her W-2 lists California, she only is taxed in California if she was physically present in the state when she worked.  This is not the case, so she should get any California taxes refunded.

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