I moved in October 2016 with my wife on a TN visa (wife on TD). The plan was to file a 1040NR federally to keep it simple.
Since I needed to get an ITIN # for my wife, I sent a W7 with my 1040NR, and was going to wait for the ITIN before doing my california taxes. Long story short, had a few back and forths with the IRS, and we haven't gotten the ITIN yet, but I am starting to do my California taxes as the deadline from the extension is approaching.
I am using TaxAct, and it is defaulting me to a 540NR long, and status as married filling separately. This made no sense to me until I found this info in the 540NR doc:
"If You Filed Federal Form 1040NR or Form 1040NR-EZ, you do not
qualify to use the head of household or married/RDP filing jointly filing
statuses. Instead, use single, married/RDP filing separately, or qualifying
widow(er) filing status, whichever applies to you."
Does this mean my wife has to make her own separate return now? To add more complications, California is a community state, so technically my wife is responsible for half my income, BUT since she is on a TD visa, can she even claim half my income?
In the case where I do end up filling separately and my wife can't claim any of the income, do we just loose her personal exemption amount?
I searched online but found nothing, any help is appreciated.
Confusion on 1st California taxes after move from Canada
Moderator: Mark T Serbinski CA CPA