Having spent 0.5 yr in the USA and as part of my '22 State filing, my accntnt told me to submit a 540(married filing jointly) AND a 540NR(married filing separately). Why?

[11223344551]

Hi All,


I hope all are well.


Having spent half a year in the USA having relocated in the summer, and as part of my 2022 tax filing for California state, I was instructed by my accountant to submit both a 540 and 540NR. The 540 form I was instructed to submit as "married/RDP filing jointly", while for the 540NR form "married/RDP filing separately" (I am married and was throughout the 2022 year, as well as living together).


I submitted both forms as instructed which I recall baffled me at the time, although the accountant was insistent, and the California FTB have now pushed back on the 540NR form and asking that I repay an amount related to this that they had earlier paid out in error.


Is anybody able to kindly provide me with any guidance as to what the thought process may have been here, and whether there may be any justification for the submission of both?


Many thanks.

[DaveF1006]

No. You can only file a 540 using one filing status either as a resident or non-resident of California, not both. i cannot think of any justification for filing both and I doubt if the State of California knows.