My husband was a Colorado resident for all of 2018, but we lived and worked in Virginia, where does he file state taxes?

marlene-flescher — Tue, 04 Jun 2019 20:42:32 GMT

Is your spouse an active-duty servicemember? The answer...

DanielV01 — Tue, 04 Jun 2019 20:42:33 GMT

Is your spouse an active-duty servicemember? The answer to your question depends on this information.

No I am

marlene-flescher — Tue, 04 Jun 2019 20:42:34 GMT

No I am

It depends. There are four different possibilities: You...

DanielV01 — Tue, 04 Jun 2019 20:42:36 GMT

It depends. There are four different possibilities:

You yourself are a Virginia resident. If your SLR is Virginia, then, because of the MSRRA, your husband is now a Virginia resident and you file a Virginia resident return, likely using the status of Married Filing a Combined Return, because this generally gives a married couple the most advantageous tax situation in VA. He would have to file a Colorado return with zero income to have any Colorado tax refunded because he lost his Colorado residency.
You are a Colorado resident. In this case, you are filing a Colorado joint return because all of your income is taxed to Colorado. However, if your husband's job withheld tax to VA, he would file Form 763-S to request a return of mistaken withholdings to Virginia per MSSRA.
You are a resident of another state other than Virginia and Colorado, and your husband established residency with you in that state. This is similar to the last question except Colorado is not involved at all (unless Colorado tax was withheld by mistake). You would file in your residency state, and file Form 763-S for a refund of mistaken withholdings.
You are a resident of another state other than Virginia and Colorado, and your husband never established residency with you in that state. Your husband is a statutory Virginia resident, and also a Colorado domiciliary resident. He files resident returns for both states (Married Filing Separately). He will claim a credit on his Colorado return for taxes paid to Virginia on the income he earned there. (There are some complicated residency rules at play in this last scenario).

This FAQ gives more guidance on your situation (see the Joe and Mary situation): https://ttlc.intuit.com/replies/3302300

topic No I am in State tax filing

My husband was a Colorado resident for all of 2018, but we lived and worked in Virginia, where does he file state taxes?

Is your spouse an active-duty servicemember? The answer...

No I am

It depends. There are four different possibilities: You...