1. I moved to CA last year from NJ. My wife and I are separated for the last six years with no contact with each other. She still lives in NJ. We are not divorced.
2. I have to file my Fed and State returns as married filing separately, now as a CA resident which also affects my Fed returns but I have no idea about my wife's earnings or any income.
3. Can anyone give me some guidance? Thanks!! Can I file online?
Is there a reason that you have to file as married filing jointly? Why not married filing separately? Another issue that may arise is how is she planning on handling her tax filings. She may have already filed separately.
There is also the issue that when you file jointly, both parties must sign the return. So even if you tried to file jointly and not include her income, she would still need to sign the return.
As for filing online, there are a couple options that the IRS provides on it's website that are pretty helpful.
There are instances where the community property rules are disregarded. Look to JK Lasser's Your Income Tax 2012 page 14. If you are not living together for the entire year, then I suspect you just file single and might not have to file married filing separate. Go to irs.gov and obtain the publication there on community property. also look up innocent spouse.. This is a common situation, and they have lots of info on the matter.
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Line 3 of form 540 enables you to file "married/RDP filing separately". The line immediately following requires you to list your spouses SSN/ITIN.
Online? Don't know how much money you make or your deductions or your "special circumstances" which might require actual paper to be sent in, so I can't comment on that.
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Curt Harrington
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