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Level 1

Married filing jointly, with different residency

My husband and I will be filing jointly for the 2019 tax year. We just moved to Utah from Alaska. He is a full time student and I will be working. However, we will still be traveling back to Alaska for Christmas and summers. He can keep his residency this way, however, because i'm not going to school I wont need/ cant keep mine in Alaska. 

 

Is there any implication when filing if hes an Alaska resident and im a Utah resident?

4 Replies
Level 17

Married filing jointly, with different residency

All the income you earn in Utah is taxable by Utah.  The question is whether you will file in Utah as a part-year resident, or as a non-resident.  In either case, you must file a Utah tax return.

If you and your husband still maintain your domicile (your permanent home) in Alaska, and your stay in Utah is temporary for purposes of his attending school, then you are non-residents of Utah and would file accordingly.

But if you and your husband have actually moved to Utah, and it is now your permanent home, then you are part-year residents of Utah and would file accordingly.  If that's the situation, you became Utah residents on the day you began living in your new permanent home in Utah.

https://incometax.utah.gov/instructions/students

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Level 16

Married filing jointly, with different residency

You can still file as Married Filing Joint with two residences but only one can be your main home. The IRS is very clear that taxpayers, including married couples, have only one primary residence—which the agency refers to as the “main home.” Your main home is always the residence where you ordinarily live most of the time. And even if you split your time evenly between two residences, you can’t designate both as your main home.

 

Level 20

Married filing jointly, with different residency

For tax purposes, you are both still full year Alaska residents, UNLESS you proactively change your residence, e.g. voter, vehicle and driver registration.  

As others have indicated, you still need to file a Utah return and pay tax on your UT income. You will also include the UT income on your AK return and pay AK tax on it. But, AK will give you a credit or partial credit for the tax you pay to UT.

Level 17

Married filing jointly, with different residency

AK has no state income tax. 

Utah defines residency on the basis of domicile.  See this: https://incometax.utah.gov/instructions/resident

 

You will find Utah's definition of domicile in this reference:   https://incometax.utah.gov/instructions/utah-domicile