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MFJ but lives in different states
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AtwoodC
Level 1
05-22-2023
01:27 PM
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Hello!
I have a married couple who live in different states. One lives in CA and the other in NM. They did not see each other at all in 2022 but want to file a joint return. I got NM to cooperate but CA is insisting I answer, on the "info worksheet", under part II main form, what state of resident as of December 31, 2022 they lived. I entered that the TP was a NM resident on the CA540nr and that the spouse was a CA resident but I can't get the reds to go away for the part II section of the Info Worksheet. HELP!
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BobKamman
Level 15
05-22-2023
03:29 PM
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Since both CA and NM are community-property states, I hope they have a prenuptial that declares they are waiving community-property laws assigning income. Otherwise all of the California income and half the New Mexico income will be taxed to California, with a credit for some of the tax paid to New Mexico; and all of the New Mexico income and half the California income will be taxed to New Mexico, with some sort of credit allowed there also. Glad they're your clients and not mine.
