topic Correct filing status for UT state tax return (fed return status MFJ , Spouse is Part year resident for UT and I am not) in After you file

Correct filing status for UT state tax return (fed return status MFJ , Spouse is Part year resident for UT and I am not)

agarwalakhil83 — Thu, 06 Jun 2019 05:27:01 GMT

Hi,

My spouse has been a part year resident (for Utah for 2015) while I have not. We plan to file Fed income tax return as Married filing jointly.

I am trying to create state return for my spouse using the approach provided at :

https://ttlc.intuit.com/questions/1901214-how-do-i-prepare-a-joint-federal-return-and-separate-state...

Is that correct and applicable for my scenario ? As when i go to 'Individual Income Tax Forms & Instructions ' at http://tax.utah.gov/forms/current/tc-40inst.pdf it reads as follows under 'Married Couples' on page 5):

If either spouse is a part-time resident, they cannot file using these special instructions but must file their Utah return using the same filing status as on their federal return.

This makes me believe my spouse needs to file utah return as Married filing jointly. If yes, then i would be taxed twice on my income (once by my home state i.e. IL and another by UT). Any suggestions what would be correct way to do ?

The Page 5 quote included above is in reference to Milita...

BarbL — Thu, 06 Jun 2019 05:27:02 GMT

The Page 5 quote included above is in reference to Military Personnel. If he is not a military member, he will file as a part-year resident of Utah, you are a non-resident. The instructions linked above are for returns when each spouse was a full-year resident of a different state.

Your situation is simpler - you will be able to file jointly, and allocate your income between the two states. Turbo Tax will generate a Part-Year Resident return for you. As you work through the Utah return, watch for a page titled 'Utah Income'. It will list your total federal income, then allow you to enter the amount sourced to Utah. (See attached screenshot.)

On your Illinois return, it will likely generate a Resident return. Respond that you would like to change that, and indicate you had more than one state of residence in 2015. This will switch you to the Part-Year/Non-Resident form, which will allow you to allocate the Illinois income in the same manner as Utah.