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Getting married and living in seperate states, can we file jointly?

I am getting married in October. My spouse lives in NH and I live in MA. We are not moving in together until next year when we get a house together. Can we still file jointly?
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AndreaG
New Member

Getting married and living in seperate states, can we file jointly?

Since you are getting married in October 2017, you can file as married filing jointly on your 2017 federal tax return. It doesnt matter that you wont be living together in 2017 since your federal filing status is based on your marital status. Married filing jointly is usually the best option for a married couple because you get the lowest tax rates, highest standard deduction, and the best tax benefits. 

When you file married filing separately some benefits are eliminated and others are reduced and this can have a significant effect on your tax return.  If you or your spouse contribute to an IRA, are interested in itemizing your deductions, or live in a community property state, filing as married filing separately can create problems for you. Please refer to pages 7-8 of Pub 501 under the headings, "married filing separately" and "special rules" for more information.  https://www.irs.gov/pub/irs-pdf/p501.pdf

With respect to your state returns, New Hampshire does not have a typical income tax return. They only tax interest and dividends. You can file as married filing jointly for your 2017 New Hampshire tax return and this might be the best option because the amount of interest and dividend income that your spouse has for 2017 will have to be higher in order for you'll to be required to file a tax return. Please refer to page 1 of the New Hampshire form instructions under the heading, "who must file a return?" for additional clarification. https://www.revenue.nh.gov/forms/2017/documents/dp-10-instructions-2016.pdf

With respect to Massachusetts, you wont be able to file jointly since you dont both live in Massachusetts in 2017. For your 2017 Massachusetts tax return, you can file married filing separately or as head of household if you meet the requirements. Additionally, Massachusetts does not require you to use the same filing status as your federal return so this doesnt prevent you from filing married filing jointly on your federal tax return.

Massachusetts also says that a taxpayer can file as head of household on their state return if they meet the federal requirements for filing as head of household. Since you wont be living together at all in 2017, you might meet these requirements, if you have a dependent who is your child, stepchild, or foster child and that child lived with you for more than half the year. 

Please refer to pages 5 of the Massachusetts form instructions under the heading, "what are the rules for filing a joint return?" and page 8 under the headings, "married filing separate return" and "head of household" for additional clarification. http://www.mass.gov/dor/docs/dor/forms/inctax16/f1-nrpy/form-1-instructions.pdf

These are the 2016 requirements for a married person to file as head of householdhttps://ttlc.intuit.com/replies/4206137

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4 Replies
AndreaG
New Member

Getting married and living in seperate states, can we file jointly?

Are you wanting to know if you can file jointly for federal and both states or is your question just about the filing status for both states?

Getting married and living in seperate states, can we file jointly?

I would like to know if we can file jointly both for federal and state in both states, or if we have to file jointly for federal and separately for state. Both of us live and work in our respective state.
AndreaG
New Member

Getting married and living in seperate states, can we file jointly?

Since you are getting married in October 2017, you can file as married filing jointly on your 2017 federal tax return. It doesnt matter that you wont be living together in 2017 since your federal filing status is based on your marital status. Married filing jointly is usually the best option for a married couple because you get the lowest tax rates, highest standard deduction, and the best tax benefits. 

When you file married filing separately some benefits are eliminated and others are reduced and this can have a significant effect on your tax return.  If you or your spouse contribute to an IRA, are interested in itemizing your deductions, or live in a community property state, filing as married filing separately can create problems for you. Please refer to pages 7-8 of Pub 501 under the headings, "married filing separately" and "special rules" for more information.  https://www.irs.gov/pub/irs-pdf/p501.pdf

With respect to your state returns, New Hampshire does not have a typical income tax return. They only tax interest and dividends. You can file as married filing jointly for your 2017 New Hampshire tax return and this might be the best option because the amount of interest and dividend income that your spouse has for 2017 will have to be higher in order for you'll to be required to file a tax return. Please refer to page 1 of the New Hampshire form instructions under the heading, "who must file a return?" for additional clarification. https://www.revenue.nh.gov/forms/2017/documents/dp-10-instructions-2016.pdf

With respect to Massachusetts, you wont be able to file jointly since you dont both live in Massachusetts in 2017. For your 2017 Massachusetts tax return, you can file married filing separately or as head of household if you meet the requirements. Additionally, Massachusetts does not require you to use the same filing status as your federal return so this doesnt prevent you from filing married filing jointly on your federal tax return.

Massachusetts also says that a taxpayer can file as head of household on their state return if they meet the federal requirements for filing as head of household. Since you wont be living together at all in 2017, you might meet these requirements, if you have a dependent who is your child, stepchild, or foster child and that child lived with you for more than half the year. 

Please refer to pages 5 of the Massachusetts form instructions under the heading, "what are the rules for filing a joint return?" and page 8 under the headings, "married filing separate return" and "head of household" for additional clarification. http://www.mass.gov/dor/docs/dor/forms/inctax16/f1-nrpy/form-1-instructions.pdf

These are the 2016 requirements for a married person to file as head of householdhttps://ttlc.intuit.com/replies/4206137

AndreaG
New Member

Getting married and living in seperate states, can we file jointly?

Since it is still early in the year, you might want to quickly determine your filing status for MA because if you end up filing Married filing separately, you might need to adjust your W-4 for MA. If you did not complete a W-4 for MA, then your employer will follow your federal W-4 with respect to withholding allowances. The payroll department at your job might be able to help you determine what adjustments, if any, that you need to make.

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