MFJ spouses live and work in different states California and Nevada

Hello

Looking to file MFJ on 2025 federal return however we live in different states.

spouse 1 lives in California and earns all income in California

Spouse 2 lives in Nevada and earns all income in Nevada

how does the state filing work?

thanks

Answers

  • Hello Orangelover13,

    Even though this seems like there would be a simple solution, it gets complicated, because California is a Community Property State.

    You can file a joint federal return without any issues. I recommend using an account on FreeTaxUSA just for the federal married joint return and then a separate account just for the CA return, which will need to be mailed.

    Nevada does not have a tax return, so that is simple.

    However, when it comes to CA, that is where the complication comes. You will need to file a Married Separate return and enter all your information again on the federal side. You will need to use IRS Form 8958 to allocate your income. Form 8958 is used to properly allocate community income and deductions 50/50 between spouses. And then you must mail your CA return.

    You may want to consider using a tax professional to help you prepare the CA return. Or add Pro Support and request assistance while signed into your account.