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Anonymous
Not applicable

Federal file MFJ, CA and OH file MFS?

I live in California, my wife lives in Ohio. We got married in Oct 2017.

I am a resident of California and have income in California only (W-2 wages, interest, dividend, stocks)

She lives in Ohio and has income in Ohio only (W-2 wages)

Can we file Federal tax as "Married filing Jointly" and California and Ohio "Married filing Separate"?

If yes, does she need to file California tax and do I need to file Ohio tax?

Update to question: Can I file Federal and California as "Married filing Jointly" and Ohio as "Married filing Separate"?

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6 Replies
Phillip1
New Member

Federal file MFJ, CA and OH file MFS?

You can file a joint return and both CA and OH allow you to file a state separate return if the following applies:

  1. You filed a joint Federal return
  2. One spouse was a non resident of one state.
  3. The non-resident spouse had no income in that state.

You file one Federal return, and each of you file a married separate return in your home state.

Anonymous
Not applicable

Federal file MFJ, CA and OH file MFS?

Update to question: Can I file Federal and California as "Married filing Jointly" and Ohio as "Married filing Separate"?
Hal_Al
Level 15

Federal file MFJ, CA and OH file MFS?

@TurboTaxPhillip - I'm not aware of a change in the Ohio filing status rules. If they file as MFJ on the federal return; they must file as MFJ on the Ohio return. One spouse indicates non-resident status. The non resident allocates his income as Non-Ohio. It won't get taxed
Phillip1
New Member

Federal file MFJ, CA and OH file MFS?

It is a bit confusing:

See page 10 of the Ohio instructions under : Do Both Nonresident, Married Filing
Jointly Taxpayers Have To Sign the
Return?

 Exception to the General Rule:

Your spouse does not have to sign a married
filing jointly return only if all three of the
following apply:
? Your spouse resided outside Ohio for the
entire year; AND
? Your spouse did not earn any income in
Ohio; AND
? Your spouse did not receive any income
in Ohio.

Given that the nonresident doesn't have to sign, the nonresident is not filing a joint return.

Looking further, I found IT 2006-04 Personal Income Tax: Nonresident Married Filing Jointly -- Issued September, 2006; Revised March 2007 which explains the rule more clearly. The resident taxpayer will complete his return as if he was filing jointly, then the OH resident can reduce the tax by the nonresident credit - this is the fraction of nonresident income divided by total income.

See the following links
Ohio IT 2006-04 Personal Income Tax: Nonresident Married Filing Jointly -- Issued September, 2006; Revised March 2007 - <a rel="nofollow" target="_blank" href="https://www.tax.ohio.gov/ohio_individual/individual/information_releases/it200604.aspx">https://www....>
Ohio instructions: page 10 - <a rel="nofollow" target="_blank" href="https://www.tax.ohio.gov/portals/0/forms/ohio_individual/individual/2016/PIT_IT1040_Booklet.pdf">htt...>
Hal_Al
Level 15

Federal file MFJ, CA and OH file MFS?

I take  page 10 of the Ohio instructions  to be strictly about the need for signatures. It's still a joint return.

Federal file MFJ, CA and OH file MFS?

And see this.  You need to use the Desktop CD/Download program 

https://ttlc.intuit.com/replies/3301995

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