Filing in multiple states as MFJ

Forum|Forum|3 years ago
April 17, 2023
2 replies
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We live and received W2s from CA. Spouse received a 1099 from GA (for a couple thousand dollars). After working through our Federal and CA state return as MFJ, it prompt me to stop and file GA as MFS just for my spouse. Does it matter if we file GA state tax return as MFJ as well? Wouldn't GA state return omit our income from CA since it's not taxable in GA and only tax the 1099 amount for my spouse?

hbl3973

Alumni - Champ

Al_,

The GA IT-511 income tax booklet states:

"A married part-year resident or nonresident with income earned in Georgia whose spouse is a nonresident with no Georgia source income may file either a separate return claiming only their own personal exemption and dependent exemptions and deductions or a joint return claiming total allowable deductions."

While you are free to work GA both ways, because GA has a progressive tax system, the couple of thousand would be taxed at a marginal rate of 3% for MFS and, most likely, 5.75% for MFJ.