File jointly but different residency domicile

[ndy856]

How can a married couple file jointly but have 2 different state address from each other? I want to claim SD and wife want to claim PA. We have real estate property in both state under my name. 

[Critter]

First this is a common situation ... for the federal return you can file jointly or separately depending on what the states may require.  I highly recommend you sit down with a local tax pro that can educate you on the state requirements and your options so you make a good decision for both of you.  

[Hal_Al · Accepted solution]

In the personal info section of TurboTax (TT), you will be asked what is your state of residence. Answer SD.  When you enter your spouse's personal info, you will be asked her state of residence.  Answer PA.  TT will generate returns for both states and can handle this situation.

But, at your other post, you say " I'm a homeowner in PA and working (w2) in PA filing jointly".  That, alone indicates that you are a PA resident for tax (and most other) purposes. 

[TomD8]

"We have real estate property in both state under my name." 

Be aware that owning property in a state does not by itself make you a resident of that state for tax purposes.  Your state income tax obligations are primarily based on the location of your domicile - your main, permanent home - not on where you happen to own property.

[SteamTrain]

Thus user is not really telling the whole story.    He may not be a SD resident at all.

We may need a full explanation of his situation ....see his add-on question at:

https://ttlc.intuit.com/community/state-taxes/discussion/what-is-the-residency-requirement-in-south-...

[ndy856]

@Hal_Al  so this mean that TT will make our Federal filing "Married jointly", but State filing will be separate as one state each?

[Hal_Al]

Q.   So this mean that TT will make our Federal filing "Married jointly", but State filing will be separate as one state each?

A. Not necessarily.  I'm not specifically familiar  with PA and SD rules and software.  But, it is common to be able to file a joint state return, with one spouse being a resident and the other being a non-resident.  You would only pay tax on the income of the resident spouse.  Some state allow you to choose between filing separately or jointly.  If that's the case, in PA and/or SD, the TT software will handle it.

It's not clear why you are trying to do this.  Even as a SD resident, you would have to pay PA tax on your PA wages  and then claim a credit on the SD return. 

[SteamTrain]

...Well...except that SD doesn't have an income tax...so only the PA tax return(s?) will need to be filed.

But @ndy856  has yet to define how/when he has established himself as a legal resident of SD, you can't just pick and choose.

[Hal_Al]

Q.  It's not clear why you are trying to do this. 

A.   SD doesn't have an income tax. 

Silly me.

@ndy856  - The bottom line is: you just can't do what you're trying to do. Owning property and spending part of the year in SD does not make you an SD resident. Working in PA and living with your spouse, even if part time, does make you a PA resident.  One possible exception would be if you were a SD resident prior to the  marriage or prior to moving to PA for your spouse's job. 

[Anonymous]

A residence is a home you expect to live in for a temporary period, whereas a domicile is a home you plan to live in for an indefinite period. Any place you own property or live for a proscribed period can be your residence. But only the one site where you intend to make your permanent home and remain indefinitely can be your domicile. Thus, you can have many residences in many places, but you can have only one domicile in one intended place.  based on other posts your domicile would be PA.  you would file a resident return. there while filing a nonresident return for SD,  do SD return first so you get the proper credit on the PA return for any income taxed in both states. 

you didn't say what the property in SD is used for - if rental    so there is a question of whether you even need to file a SD return