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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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How do I file the state returns when husband resident in CA, me resident in Hawaii

Customer Question

We filed married jt. for federal inc. But husband lived in Ca (resident)- made money only in Ca. I lived in Hawaii (resident)- made money only in Hawaii.
How do I file state returns.
CA resident - for husband
or CA NR then - he's resident, I'm nonresident
same question for Hawaii state return
Submitted: 7 years ago.
Category: Tax
Expert:  Lev replied 7 years ago.

If you filed joint federal tax return - and one spouse is non-resident of CA with no CA-source income - you may file CA tax return either as MFJ or MFS.

If you file CA tax return as MFJ - you will use the form 540NR - http://www.ftb.ca.gov/forms/2008/08_540nrca.pdf to determine CA taxable income.

A nonresident is only taxed on income derived from California sources.

see instructions here - http://www.ftb.ca.gov/forms/2008/08_540nrcains.pdf

 

In Hawaii - if you file a joint tax return - all income from both spouses will be taxable.

You may prefer to file Hawaii tax return using MFS status.

See check box on the line 3 - http://hawaii.gov/tax/2008/n11_i.pdf

 

Expert:  Lev replied 7 years ago.

In additional - see instructions for the form N-11 - http://hawaii.gov/tax/2008/n11ins.pdf

A nonresident married to a Hawaii resident may choose to file a joint return with the resident spouse on Form N-11 or N-13; however, the nonresident will then be taxed on all income from all sources.

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