Does it should give me 540, not 540 NR.

[meiliu1056799264]

I lived in CA during 2020, but my husband lived in China during 2020.

[ErnieS0]

If you lived in California in 2020 then you should file a resident return. California defines residents are persons (1) present in California for other than a temporary or transitory purpose, or (2) domiciled in California, but outside California for a temporary or transitory purpose.

California requires you to use the same filing status as federal, unless one spouse was a nonresident for the entire year and had no income from California sources during the entire year. In that case, you could file a joint federal return and a separate California return.

You do not say what your husband’s status is, so I can’t say whether he should be a CA resident

or not.

California has a “safe harbor” providing that an individual domiciled in California who is outside California under an employment-related contract for an uninterrupted period of at least 546 consecutive days will be considered a nonresident. So it’s possible your husband may be considered a resident even if he was absent from CA for less than 546 days.

Related Resource:

• 2020 Guidelines for Determining Resident Status

[meiliu1056799264]

My husband's was a nonresident for the entire year and he was not living in US all year and had no income from California sources during the entire year.

I was a resident for the entire year and all year living in CA. 

[LenaH]

Since you are a resident, you must file a CA 540. 

Please complete the following steps in your California return:

1. On the page titled Joint Residency Status the Same? click No.
2. On the page titled Residency Information During 2020, you can elect to answer residency questions differently for you and your spouse. I have attached a screenshot below for additional guidance.
3. On the page titled Your State of Domicile, you would select California and your spouse select be Foreign Country. 
4. Answer the remaining on-screen questions. 

You also must make sure your Personal Info is correct in TurboTax.

1. Click on My Info on the left.
2. Your spouse's Resident State should be Foreign or US Possession.
3. Your Resident State should be California. 

@meiliu1056799264