Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Taxes (https://www.askmehelpdesk.com/forumdisplay.php?f=320)
-   -   H1B (CA) and spouse F1 Student (TX) with OPT in CA - Filing Status Issue (https://www.askmehelpdesk.com/showthread.php?t=332269)

  • Mar 21, 2009, 10:23 PM
    cyrsmac
    H1B (CA) and spouse F1 Student (TX) with OPT in CA - Filing Status Issue
    Hello Tax Experts,

    I tried to search all the threads but didn't got answer to my question, so I guess I am in a unique situation. I am on H1B Visa and working in California since May 2006. Last year I had paid 2007 tax with 540A as a California resident.

    In December 2008, I got married. My wife is a student on F1 Visa and in Texas since 2005. However, she did a summer internship in California from June 2008 to August 2008. So, over the year, she has earnings in TX as a research assistant and also in CA as an intern.

    Now, if I am filling as "married filing jointly", its fine in federal tax return. However, if I file as resident and married filing jointly for California state tax, my wife's income in Texas also gets taxed in California. This is because, if one is a California resident, then his/her all income is taxable for state return (http://www.ftb.ca.gov/forms/2008/08_1031.pdf - Page 4). Please suggest what I should do for filing CA tax return. What will be my wife's status in CA? What should I file jointly as - resident or non-resident, and how should I go about it?

    Also, when I used one of the software to file federal tax, it is showing me that I should get additional $600 in stimulus (apart from $600 that I already got last year). Is this right, and am I eligible to receive $600 more since I am filing? Please advice.

    Appreciate all your help.

    Thanks.
  • Mar 22, 2009, 08:21 AM
    MukatA

    You are resident of CA and will report your worldwide income.
    Your spouse is part year resident of CA and will report only the income earned while in CA.
  • Mar 22, 2009, 07:34 PM
    cyrsmac
    Thank you very much for your quick response.

    So, based on your recommended status if I am filing married jointly, which is the correct form to fill - 540A, 540, 540NR Long, or 540NR Short? And any 540 Schedule to be attached?

    Lastly, what should I write in "Recovery Credit rebate" in federal? Since my status changed from single to married, am I eligible to receive additional $600?

    Thanks again!
  • Apr 2, 2009, 11:48 AM
    cyrsmac
    Please help!
  • Jun 2, 2009, 12:40 PM
    AtlantaTaxExpert
    Yes, you should have qualified for the RRC if you filed jointly with your wife.

  • All times are GMT -7. The time now is 02:50 PM.