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rare3erar
New Member

Can we keep our state of residence as CT and file a non-resident for MD?

My husband and I own a home in CT and I work in CT. My husband works in NY, but will be starting a new job in MD in April. He will be renting when he moves to MD. I will stay behind in our house in CT and continue to work in CT. Can we use CT as our resident state and then file non-resident for NY and MD? We file MFJ, but am wondering if we need to file MFS for the states.

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DanielV01
Expert Alumni

Can we keep our state of residence as CT and file a non-resident for MD?

Yes you can maintain the Connecticut residency.  Connecticut will continue to be your husband's domiciliary state, so he will be able to file as a Connecticut resident.  New York will be a nonresident state.  Maryland, however, will likely also require a resident return because your husband will be a statutory resident of Maryland.  A statutory resident is someone who is considered a resident for tax purposes by state law because they are maintaining a domicile (in your husband's case, the apartment), and they are physically present in the state for at least 183 days.  If your husband's work is as you describe, he will file a Maryland resident return in 2019.  Maryland will allow you to choose between Married Filing Separately or Married Filing Joint because of the separate state residencies.  (Connecticut will still allow you to claim a credit on Maryland income tax paid on any income taxed in both states, and a credit for New York income taxed in New York and Connecticut)

You will be able to file jointly on the Federal return regardless.  And, if you need specific help with the returns, we are here for you.  Here is an FAQ that can assist if any returns need to be filed as separately or you choose to have them filed separately:  https://ttlc.intuit.com/replies/3301995

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1 Reply
DanielV01
Expert Alumni

Can we keep our state of residence as CT and file a non-resident for MD?

Yes you can maintain the Connecticut residency.  Connecticut will continue to be your husband's domiciliary state, so he will be able to file as a Connecticut resident.  New York will be a nonresident state.  Maryland, however, will likely also require a resident return because your husband will be a statutory resident of Maryland.  A statutory resident is someone who is considered a resident for tax purposes by state law because they are maintaining a domicile (in your husband's case, the apartment), and they are physically present in the state for at least 183 days.  If your husband's work is as you describe, he will file a Maryland resident return in 2019.  Maryland will allow you to choose between Married Filing Separately or Married Filing Joint because of the separate state residencies.  (Connecticut will still allow you to claim a credit on Maryland income tax paid on any income taxed in both states, and a credit for New York income taxed in New York and Connecticut)

You will be able to file jointly on the Federal return regardless.  And, if you need specific help with the returns, we are here for you.  Here is an FAQ that can assist if any returns need to be filed as separately or you choose to have them filed separately:  https://ttlc.intuit.com/replies/3301995

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
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