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Indian citizen working and living in California since 2019 and considered a CA resident for tax purposes. Got married in Nov 2021 to my wife who lives in India.

She did not join me in the US in 2021 as she was still waiting for her H-4 visa. She has no California sourced income.

a) Does she need to file a CA state tax return for 2021?

b) Can I file with a status of 'Married Filing Separately' for my CA tax return?

c) If yes to b), would CA's community income apply to our case i.e. would we need to split my job's CA sourced wages between the two of us and file separate CA tax returns?

Chris W. Rea
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Kevin
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1 Answers1

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Does she need to file a CA state tax return for 2021?

Depends if you want to file jointly or not. If she files separately then she's non-resident. She may have California-sourced community income though.

Can I file with a status of 'Married Filing Separately' for my CA tax return?

Yes.

If yes to b), would CA's community income apply to our case i.e. would we need to split my job's CA sourced wages between the two of us and file separate CA tax returns?

That depends on the laws under which your marriage was performed and agreements between you. Generally California considers your income to be community income, but details depend on the specifics of your situation.

You'll need to talk to a licensed CPA/EA and maybe an attorney on the family law question.

littleadv
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