- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Can we use the married filing jointly status if we are not residents of the same state and neither of us live in a state that has legal separation laws?
My state of residence is VA. I work in VA, my driver's licence is VA, I pay VA state income tax, and I rent an apartment in VA. My husband's state of residence is PA, he owns a house there (my name is NOT on the mortgage) and he pays PA state income tax. This situation has only been going on in 2015. We both filed our taxes as married filing separately and it was a big problem. My husband ended up owing taxes to federal, and I couldn't deduct my student loan interest and my refund was 12 bucks (federal). We do not have any kind of court order for separation. I spend only a few days every month in PA. My husband has never been to VA the entire time I have been living there. I assume because we live apart in separate residences in different states that we cannot file jointly. I don't owe income tax to the state of PA, and he does not owe any to VA. This made sense to me. But we missed out on some big deductions because of this. What should our filing status be in order to not miss out on deductions?