2022 Instructions for Form 540 Personal Income Tax BookletRevised: 06/2023

Help us process your tax return quickly and accurately. When we find an error, it requires us to stop to verify the information on the tax return, which slows processing. The most common errors consist of:

Claiming estimated tax payments:

Claiming state disability insurance:

Claiming standard deduction or itemized deductions:

Claiming withholding amounts:

Claiming refund or payments made on an original return when amending your tax return:

Use e-file:

Do I Have to File?

Steps to Determine Filing Requirement

Step 1: Is your gross income (all income received from all sources in the form of money, goods, property, and services that are not exempt from tax) more than the amount shown in the California Gross Income chart below for your filing status, age, and number of dependents? If yes, you have a filing requirement. If no, go to Step 2.

California Gross Income
On 12/31/22, my filing status was: and on 12/31/22, my age was: (If your 65th birthday is on January 1, 2023, you are considered to be age 65 on December 31, 2022) 0 dependent 1 dependent 2 or more dependents
Single or Head of household Under 65 20,913 35,346 46,171
65 or older 27,913 38,738 47,398
Married/RDP filing jointly
Married/RDP filing separately (The income of both spouses/RDPs must be combined; both spouses/RDPs may be required to file a tax return even if only one spouse/RDP had income over the amounts listed.)
Under 65 (both spouses/RDPs) 41,830 56,263 67,088
65 or older (one spouse/RDP) 48,830 59,655 68,315
65 or older (both spouses/RDPs) 55,830 66,655 75,315
Qualifying surviving spouse/RDP Under 65 Not Applicable N/A 35,346 46,171
65 or older Not Applicable N/A 38,738 47,398
Dependent of another person –
Any filing status
Any age More than your standard deduction (Use the California Standard Deduction Worksheet for Dependents to figure your standard deduction.)

Step 2: Is your adjusted gross income (federal adjusted gross income from all sources reduced or increased by all California income adjustments) more than the amount shown in the California Adjusted Gross Income chart below for your filing status, age, and number of dependents? If yes, you have a filing requirement. If no, go to Step 3.

California Adjusted Gross Income
On 12/31/22, my filing status was: and on 12/31/22, my age was: (If your 65th birthday is on January 1, 2023, you are considered to be age 65 on December 31, 2022) 0 dependent 1 dependent 2 or more dependents
Single or Head of household Under 65 16,730 31,163 41,988
65 or older 23,730 34,555 43,215
Married/RDP filing jointly
Married/RDP filing separately (The income of both spouses/RDPs must be combined; both spouses/RDPs may be required to file a tax return even if only one spouse/RDP had income over the amounts listed.)
Under 65 (both spouses/RDPs) 33,466 47,899 58,724
65 or older (one spouse/RDP) 40,466 51,291 59,951
65 or older (both spouses/RDPs) 47,466 58,291 66,951
Qualifying surviving spouse/RDP Under 65 Not Applicable N/A 31,163 41,988
65 or older Not Applicable N/A 34,555 43,215
Dependent of another person
Any filing status
Any age More than your standard deduction (Use the California Standard Deduction Worksheet for Dependents to figure your standard deduction.)

Step 3: If your income is less than the amounts on the chart you may still have a filing requirement. See “Requirements for Children with Investment Income” and “Other Situations When You Must File.” Do those instructions apply to you? If yes, you have a filing requirement. If no, go to Step 4.

Step 4: Are you married/RDP filing separately with separate property income? If no, you do not have a filing requirement. If yes, prepare a tax return. If you owe tax, you have a filing requirement.

Requirements for Children with Investment Income

California law conforms to federal law which allows parents’ election to report a child’s interest and dividend income from children under age 19 or a student under age 24 on the parent’s tax return. For each child under age 19 or student under age 24 who received more than $2,300 of investment income in 2022, complete Form 540 and form FTB 3800, Tax Computation for Certain Children with Unearned Income, to figure the tax on a separate Form 540 for your child.

If you qualify, you may elect to report your child’s income of more than $1,150 but less than $11,500 on your tax return by completing form FTB 3803, Parents’ Election to Report Child’s Interest and Dividends. To make this election, your child’s income must be only from interest and/or dividends. To get forms FTB 3800 or FTB 3803, see “Order Forms and Publications” or go to ftb.ca.gov/forms.

Other Situations When You Must File

If you have a tax liability for 2022 or owe any of the following taxes for 2022, you must file Form 540.

Filing Status

Use the same filing status for California that you used for your federal income tax return, unless you are an RDP. If you are an RDP and file single for federal, you must file married/RDP filing jointly or married/RDP filing separately for California. If you are an RDP and file head of household for federal purposes, you may file head of household for California purposes only if you meet the requirements to be considered unmarried or considered not in a domestic partnership.

Exception: If you file a joint tax return for federal purposes, you may file separately for California if either spouse was either of the following:

If you had no federal filing requirement, use the same filing status for California that you would have used to file a federal income tax return.

If you filed a joint tax return and either you or your spouse/RDP was a nonresident for 2022, file Form 540NR, California Nonresident or Part-Year Resident Income Tax Return.

Single

You are single if any of the following was true on December 31, 2022:

Married/RDP Filing Jointly

You may file married/RDP filing jointly if any of the following is true:

Married/RDP Filing Separately

Head of Household

For the specific requirements that must be met to qualify for head of household (HOH) filing status, get FTB Pub. 1540, Tax Information for Head of Household Filing Status. In general, HOH filing status is for unmarried individuals and certain married individuals or RDPs living apart who provide a home for a specified relative. You may be entitled to use HOH filing status if all of the following apply:

For a child to qualify as your foster child for HOH purposes, the child must either be placed with you by an authorized placement agency or by order of a court.

California requires taxpayers who use HOH filing status to file form FTB 3532, Head of Household Filing Status Schedule, to report how the HOH filing status was determined.

Beginning in tax year 2018, if you do not attach a completed form FTB 3532 to your tax return, we will deny your HOH filing status. For more information about the HOH filing requirements, go to ftb.ca.gov and search for hoh. To get form FTB 3532, see “Order Forms and Publications” or go to ftb.ca.gov/forms.

Qualifying Surviving Spouse/RDP

Check the box on Form 540, line 5 and use the joint return tax rates for 2022 if all five of the following apply: