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    tomkovoor's Avatar
    tomkovoor Posts: 12, Reputation: 1
    New Member
     
    #1

    Feb 22, 2010, 12:15 PM
    State tax filing for Couples in different states
    Hi, I had questions regarding state taxes for couples living in different
    States. I had posted the question once and got my answer regarding NJ. Below is my
    Previous post...

    My wife is a resident of CA and her only source of income is from CA. I am a resident of
    NJ and my only source of income is from NJ. I was hoping someone
    Explain how we go about filing our state taxes.

    1: I am taking an example of NJ where I am a resident. Since we are
    Filing a joint federal tax, how do we file our state taxes in NJ?
    Do I file tax form as resident showing only my income in there and
    My wife file a non resident form showing 0 income from NJ? In short
    For the case of NJ do we file 2 state tax forms? ---- got answer in previous post

    2: In the non resident form I came across the term world wide income.
    In the case of my wife would that mean her sources of income only
    Or would that be our combined incomes? --- got answer in previous post. Said my wife need not file taxes in NJ.

    My new question is how to how to file taxes in CA. From what I read according to
    CA law since it is a community property state half of my wife's income from CA is my income too. In the instructions for state taxes it says for scenario like mine file using NR forms and not resident forms. This tends to be a little confusing because now according to the filing I am going to make in NJ and CA my wife is not a resident of both states. Should we be filing in NR status in CA? If so would my wife need to file in NJ?

    Thanks for your help

    Tom
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
     
    #2

    Feb 22, 2010, 01:11 PM

    I think you are misreading the community property issue. NJ is not a community property state, so your wife CAN file as Married filing separately in CA.

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