My husband was living in California, but moved to Canada in June, 2016 for work. He expects this to be a permanent move. We have been separated for 7 years, however, we have not filed for a legal separation/divorce for religious reasons. His name is still on the title of our home in California, but he has not lived in the house for 7 years. He does, however, pay the mortgage and other expenses as support to me. I did not work for the entirety of 2017 due to health issues, so there was no California sourced income.
Our question is specifically in regards to the California state return. Should he file? If so, should he file a form 540NR? Does this fall under the "Safe Harbor" rule, since 6/18/2016-12/31/2017 is 561 days (and he has not returned to the US during that time)?
Given the circumstances, we are assuming he qualifies as a "nonresident" but are concerned given California is a community property state and he does provide me financial support. Do I have to pay CA taxes on his Canada income?
Our question is specifically in regards to the California state return. Should he file? If so, should he file a form 540NR? Does this fall under the "Safe Harbor" rule, since 6/18/2016-12/31/2017 is 561 days (and he has not returned to the US during that time)?
Given the circumstances, we are assuming he qualifies as a "nonresident" but are concerned given California is a community property state and he does provide me financial support. Do I have to pay CA taxes on his Canada income?