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Originally Posted by AtlantaTaxExpert General rule: If you were there for less than a year and you knew going in that your stay would be less than one year, you can reasonably make the argument that you were a non-resident.
This is especially true if your family was NOT in CA with you. |
- Thanks for the answer but I deliberately tried to provide less details to see if someone things that holding non-immigrant visa automatically allows one to declare him/her-self non-california resident. My situation is more complicated than what's summarized in your answer: I was In California for several years before that while getting my degree and getting post-degree training. Again, that stay was not permanent so technically by my visa status I was obliged to leave US and CA when my status expires. I was wondering if this thing by itself makes me non-resident? (I left CA right at the end of the 2006, slightly before x-mas if that matters. My new job is permanent and I am applying for immigrant visas now.)
If the non-resident argument will not fly I am still positive that I can make even better argument that my wife was not a CA resident while earning her wages in WA. But both CA and WA are community property state - does it mean that technically 50% of her income is still CA taxable as I was "getting" these being CA resident? And 100% of my income - her portion and my portion - are CA taxable as these are wages for the work performed in CA. In no publications of FTB or IRS did I saw the community income calculations for joint filing we're doing. But in the corresponding schedule we need to declare "income received as CA resident and income received from CA sources as non-resident". I am not certain that we need to take community property rules into account for calculating these.
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