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TTP1
New Member

I am U.S. military. I file state tax in Ohio. My wife files separate in Virginia. We have capital gains tax this year. Do we pay capital gains in both Ohio and Virginia?

 
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1 Best answer

Accepted Solutions
Hal_Al
Level 15

I am U.S. military. I file state tax in Ohio. My wife files separate in Virginia. We have capital gains tax this year. Do we pay capital gains in both Ohio and Virginia?

If the stock or other asset, you sold, was owned jointly, then the capital gain is 50% attributed to each of you. You would show 50% of the gain on your Ohio return and she would report 50% on the VA return. If the stock was only in one name, then only that person would report it.

Ohio requires you to file a joint return, if you filed a joint federal return. Show yourself as resident and her as non resident. You will report both your incomes, but allocate hers as non-Ohio. I think VA works the same. You will not be double taxed by filing joint returns.

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1 Reply
Hal_Al
Level 15

I am U.S. military. I file state tax in Ohio. My wife files separate in Virginia. We have capital gains tax this year. Do we pay capital gains in both Ohio and Virginia?

If the stock or other asset, you sold, was owned jointly, then the capital gain is 50% attributed to each of you. You would show 50% of the gain on your Ohio return and she would report 50% on the VA return. If the stock was only in one name, then only that person would report it.

Ohio requires you to file a joint return, if you filed a joint federal return. Show yourself as resident and her as non resident. You will report both your incomes, but allocate hers as non-Ohio. I think VA works the same. You will not be double taxed by filing joint returns.

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