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Level 2
February 17, 2025
Question

married filing jointly different state residencies PA and DC

Hi my wife and I would like to file jointly, but we have different state residencies.  I have DC residence and she has PA residence (her work and taxes).  We both live in DC.

 

I understand that we can file our Federal return "married filing jointly" but it's not clear if we can file separate returns for each of our states (DC and PA).

    5 replies

    Alumni - Intuit
    February 17, 2025

    Yes, you can file separate returns for your state returns. Both the Pennsylvania (PA) return and the District of Columbia (DC) allow you to choose to file married filing jointly or married filing separately.

    Only one state return can be filed electronically, the other must be mailed. 

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    Alumni - Champ
    February 17, 2025

    "We both live in DC."

     

    Are you sure you're not both DC residents for tax purposes?  See "Do I have to file a DC income tax return?" in this DC tax reference:

    https://otr.cfo.dc.gov/page/individual-income-tax-filing-faqs#:~:text=(A%20resident%20is%20an%20individual,for%20part%2Dyear%20residents)%3B

     

     

    **Answers are correct to the best of my ability but do not constitute tax or legal advice.
    Level 15
    February 17, 2025

    I, too,, wonder about "we both live in DC". Is your spouse an actual resident of PA? Does your spouse have a house and sleep in it in PA?

     

    PA says 

    A person is considered a statutory resident of PA unless:

    • the person spends more than 181 days (midnight to midnight) of the tax year outside PA; or
    • the person has no permanent abode in PA for any part of the tax year.

    Sounds like your spouse might not be either an actual or statutory resident of PA.

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