Hello and thank you for your question.
Here is the Oregon rule:
"If you file a joint federal return, you may file separate Oregon
returns if you and your spouse do not have the same residency status.
You must use the ?married filing separately? filing status. You may
not file as head of household"
The material at that page includes instructions on how your wife, as
filer of the Oregon separate return, will report her share of income
from your joint federal return, and her share of expenses, etc., on
her Oregon return.
Married Persons Filing Separate Returns
http://egov.oregon.gov/DOR/PERTAX/IC-101-656.shtml
And here is the California rule:
"[Although] California requires you to use the same filing status on
your California return as you used on your federal return [t]here are
two exceptions to this requirement:
* One spouse was an active duty military member
* One spouse was a nonresident for the entire year and had no income
from California sources during the tax year."
FTB 1051A - Guidelines for Married Filing Separate Returns (Rev 10-2004)
http://www.ftb.ca.gov/forms/04_forms/04_1051A.pdf
So these rules will work fine for you: since each of you will be
filing separate state returns, your respective state incomes will only
be taxed in the states where earned.
Search terms used:
oregon "income tax" federal joint
california "income tax" federal joint separate
"Guidelines for Married Filing Separate ..." 2004
Thanks again for letting us help.
Sincerely,
Google Answers Researcher
Richard-ga |
Request for Answer Clarification by
nbaheti76-ga
on
28 Feb 2005 21:33 PST
Hey Richard,
I am having a little trouble filling out MFS return on the CA 540 for
me (and Oregon 40 for my wife). On CA 540 line 13 (and OR 40 line 8),
I need to enter the *federal* AGI. What amount should I enter on this
line and how should I calculate the taxable income for the respective
state? Please let me know. Thanks.
--neeraj
|
Clarification of Answer by
richard-ga
on
01 Mar 2005 04:44 PST
Hello again
Looking at the California form, AGI as it says is the AGI of the two
of you from your federal joint return.
But one of the California adjustments will compute your "California
AGI" which will exclude the Oregon income. Take a look at the
examples here, especially on page 4 :
http://www.ftb.ca.gov/forms/misc/1100.pdf
It's a similar calculation on the Oregon Form 40N (That's the form you need)
http://egov.oregon.gov/DOR/PERTAX/docs/2004Forms/101-045-04PY.pdf
It's easier there - - a federal column and a separate Oregon column
limited to the Oregon items.
Does that help?
-R
|
Request for Answer Clarification by
nbaheti76-ga
on
01 Mar 2005 22:52 PST
Hey,
I finally have the Oregon all figured out using "Full-year resident
and nonresident" example on
http://egov.oregon.gov/DOR/PERTAX/IC-101-656.shtml
Now only the California return remains. The link you mentioned (FTB
1100) does not really apply to my scenario as I was a full year Cal
resident and she was not (she also does not have Cal income). I am
thinking that I will file the form 540 *as if* I was filing both state
and federal as MFS. This will enable me to compute my own Fed AGI and
use that on line 13. From that point everything else will fall in
place. What do you think?
I am not sure if you can help me beyond this point, but ofcouse any
help is appreciated. Thanks.
|
Clarification of Answer by
richard-ga
on
02 Mar 2005 08:13 PST
California wants you to use Form 540NR, and they say it's OK in your
case to file jointly on the fed and separately on the state but they
don't say much about how.
http://www.ftb.ca.gov/forms/04_forms/04_nr_longins.pdf
Listing your own share of federal AGI seems reasonable, although I
don't see any specific authority to do so.
Good luck!
Richard-ga
|
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