Is it possible to file a MFJ return for the IRS and a MFS return for California. One spouse moved to a no income tax state in the middle of 2020 and has earnings in both states. The other remained a California resident for the entire year.

[Just-Lisa-Now-]

No, CA filing status needs to be the same as federal. 

You need to allocate the income properly on the Ca part year/nonresident return on Form CA

[Taxes-by-Rocky]

Poolcleaner,

Just a reminder - as I often forget - CA is a community property state.

Hope things are well.

[poolcleaner]

So is Texas!  Wishing the same for you!

[poolcleaner]

Lisa, the problem is that he remained a California resident throughout the year and into 2021 while she moved out of California in June of 2020.  I know that there was a rule in effect 30 years or so ago that said that in this type of situation the residency was treated as if they both lived where the husband lived.  I would guess that that rule may have changed!

[Taxes-by-Rocky]

Maybe:  Bottom of page 11 in FTB Pub 1031 "no intention of reconciliation".

Don't know if that helps.

[Just-Lisa-Now- · Accepted solution]

So he was a full year CA resident and she was a part year CA resident, you'll still file MFJ and use the 540NR form (for part year residents too) since she's a part year resident.   

The Form CA has a place to show who lived where and the date she left, all his income will be taxable in CA, then you allocate only her income while in California to the 540.

[poolcleaner]

No separation involved!