taxes & sojourning in CA

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shylee
Posts: 6
Joined: Tue May 15, 2007 8:53 am

taxes & sojourning in CA

Post by shylee »

Greetings,

I have been reading old postings to this forum, trying to get a handle on this. I think I have, but would appreciate confirmation.

Situation:
My husband and I will be landing in CA in late June or early July. We are both US university professors and will continue to earn US income for the next year. I will be returning to the US in August to teach until Jan or June 2008. He will remain in CA on sabbatical until May 2008. He will also be receiving funding (likely a scholarship, not a teaching salary) from a CA university as he will be enrolled in a graduate program for the year.

Questions:

1) Do we both have to file in CA as well as in US?
I think that I will not have to, since I will be there well under the 183 day rule, i.e. I will qualify as a sojourner for this year, and the only residential tie I will have is my PRC. While he is also like to be in CA for fewer than 183 days (given occasional visits to the US) it seems to me that he may well have to file even so. Certainly he will have more residential ties (such as an actual residence) than I.

2) If he does have to file and I do not, would it be best for us to file separately in the US? Or can we file jointly in the US while he alone files in CA?

Many thanks for your time and advice,
Shylee
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

How about reposting this in the tax forum, just to keep things confined.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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