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Non resident: Do I need to pay any state taxes for 2019?

Personal Finance & Money Asked on December 26, 2020

I lived and worked in US in 2018 and filed both the federal tax and the state tax (CA) in 2019. I left US in 2018 Dec and settled in new country.

For 2019, I got married and lived outside US for the entire year with my spouse. Neither me nor my spouse are US citizens or permanent residents. I don’t have any US W2 income in 2019, but I do have some long term capital gains for the year 2019. My questions are :

  1. Am I correct in understanding that we both are Non Resident aliens for tax purposes ?
  2. Will I be filing the US taxes as a Non Resident alien (Married filing separate) for the year 2019 ? (I do not meet substantial presence test)
  3. For federal taxes, I will report the capital gains + dividends and pay appropriate tax on them. Am I correct ?
  4. Do I need to file state taxes at all ? If yes, that should be the last state I resided in (CA) which is a community property state ? Will I have to apply for ITIN for my spouse ?

One Answer

  1. yes
  2. yes
  3. yes, if they are sourced in the US
  4. You will be a nonresident of California. You would only be subject to California taxes on income that is sourced in California. Since you are filing separately for federal, you would also need to file separately for state. Assuming your spouse does not have any California (or US) income, he/she would not need to file a California (or federal) tax return, and would not need an ITIN.

Answered by user102008 on December 26, 2020

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