DMarkM1
Expert Alumni

Get your taxes done using TurboTax

You are correct the 1099-NEC income is not wages/salary and thus do need to be filed as non-resident in VA.  Since you are both VA non-resident and both have income, but only one has VA income, you must file in VA using filing status 4, a separate non-resident VA return.  Therefore in TurboTax using a joint federal return does not allow filing status 4, a separate VA return.

 

In TurboTax the best way to handle filing a federal joint return and a separate non-resident VA return is using a desktop product since several returns can be created in one product.   You will create and file your joint federal return and joint MD return.  You then create a "Mock" separate return for the spouse with VA source income and only include that spouse's income/deductions on that "Mock" separate return.  That "Mock" federal return will not be filed, but is used to create a VA non-resident return with filing status 4 for printing/mailing. 

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