My spouse lives in GA full time in 2024 , and I live in OR almost full time in 2024 (I will move to GA soon). His income is from GA, while my income is from OR and CA.
I want to know if we can file jointly as residents of GA while being nonresidents of OR and CA.
According to the Oregon Department of Revenue website, we can file as nonresidents if the following condition is met:
"You're married and filing a joint return, and you or your spouse are a nonresident."
I am also not sure if I was ever considered as Oregon resident since I am in Oregon only for school (but I did file as a resident last year before marriage). The definition of "Resident" for Oregon is:
"Temporary stay. A place of abode, whether in Oregon or elsewhere, is not deemed permanent if it is maintained only during a temporary stay of short duration for the accomplishment of a particular purpose".
Also, on the Georgia DOR FAQ website, it states that for our situation:
"If one spouse is a resident of Georgia and one is not, the taxpayer should write '3' in the residency code block (nonresident) of Form 500. You must use Schedule 3 of Form 500 to calculate your Georgia taxable income."
However, it does not explicitly state that we can file jointly.
I want to confirm whether we can file state tax jointly and whom I can contact for a definitive answer.
After entering our information for both separate and joint filing, I found that we would save money by filing this way.
Also we are filling jointly for federal.
Thanks in advance for your help and suggestions!
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Per the instructions to GA Form 500, you can file a joint return in Georgia even if one spouse is a non-resident:
You would not be a resident of Oregon if you were there temporarily, which would infer that you intend to return to another state of residence when you are finished with your temporary stay.
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