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Subject:  Re: Captial Gains for State Return Date:  3/13/2006  2:06 PM
Author:  ptheland Number:  84928 of 123001

My only question is the section of the CA540 instructions that states that if the non-resident spouse has any CA-source income due to community property rules that spouse cannot file as a nonresident.

After looking through some instructions and source material, I can't find that statement.

I do, however, see one dealing with filing joint or separate returns.

Normally, you have to use the same filing status on your CA return that you use on your Federal return. However, there is an exception for a spouse that was a non-resident for the entire year AND who has no CA source income. (And there is another dealing with members of the military.) In that situation, you can