My wife is legally an Ohio resident (OH drivers license and has all paperwork sent to Ohio), but works and lives part-time (in a rental property) in Illinois. Should she file an out-of-state return for Illinois (as if she is an out-of-state resident) or should she claim more than one state of residence?
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The general rule is: your report all your income on your home state return, even the income earned out of state. You file a non-resident state return for the state you worked in and pay tax to that state. Your home state will give you a credit, or partial credit, for what you paid the non-resident state. You will have to file a non resident IL state return and pay IL tax on the income earned there.. You will also file am OH full year resident return and calculate tax on ALL your income. OH will give you a credit, or partial credit, for the tax you pay IL. So, there will be little or no double taxation.
Do the IL nonresident state return first.
Much appreciated. That is what I though, but wanted to make sure.
Secondary question: since this is our first time filing in IL, we must do a paper return. Do I include ALL of our W-2 and 1099 forms or just those from Illinois?
I don't know, for sure. But, typically you only need to document the IL withholding. I would send only the ones that show IL in box 15.
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