[valiantwarrior]

Hello - For the entire year of 2008, I have been living and working in California and my wife has been living and working in Georgia. 100% of my income is in CA and 100% of my wife's income was in GA. We plan to file the federal and state taxes jointly.

For Federal tax return - it is straight forward. No issues

For California tax return - I am a resident, while she is a non-resident. Since we plan to file jointly, are we resident or non-resident? Is this choice dictated by my status as the primary tax payer?

For Georgia tax return - I am a non-resident, while she is a resident. Since we plan to file jointly, are we resident or non-resident? Is this choice dictated by my status as the primary tax payer?

Thanks for any help

[MukatA]

For CA you are resident and will report your income. Your wife is nonresident and has no CA income.

For Georgia your wife is resident and will report your income. You are nonresident and has no Georgia income.

[valiantwarrior]

Thanks for your answer.

As you said, since I am a resident for CA and my wife is a non-resident for CA, which form do we use to file (resident form or non-resident form) when we are filing jointly?

Same applies for GA also...

Would appreciate if you can clarify this for me please...

Thanks a bunch

[MukatA]

Use a tax software.

[valiantwarrior]

Tax software that I use asks me to input whether I am a resident or non-resident to pick the appropriate form. I was hoping it would do it automatically but it doesn't.

If you personally are able to answer my question, please respond. Tax software is not helpful. Thanks

[MukatA]

I have already answered your question about if you are a resident or a nonresident.