homes in two states VT & PA

[LMC1240]

How do we determine which state to claim as a residence?  

My husband spends more time in VT and I spend more time in PA.  

What are the tax consequences for filing as a resident of VT?  

What are the tax consequences for filing as a resident of PA?

[Scooter1768]

Hi LMC1240,

Thank you for your interesting question! Both VT and PA have the same general rule for residency; that you are a "resident" if you spend more than 183 days in the state. Therefore, it is possible you could be residents of different states and nonresidents of different states and file state tax returns accordingly. 

You did not mention your income situation, whether you are working, retired, etc.  If you are working and have wages, they will generally be taxed where they are earned or where you are working. The taxation of retirement income varies from state to state and you would need to look at the specifics according to the type of retirement income and the state's tax  treatment. 

Hope that at least covers the basics of a complicated question!

[LMC1240]

Regarding our work situation, we are both retired but each have part-time jobs where we both earn wages in VT.   My husband's seasonal work is in person in VT whereas mine is working remotely in PA.  Would I be able to claim non-resident status in VT even though I earned wages from VT?  My wages are less than $4,000 per year.

[Loretta P]

Hello LMC1240,  

As Scooter1768 stated:  "Both VT and PA have the same general rule for residency; that you are a "resident" if you spend more than 183 days in the state. Therefore, it is possible you could be residents of different states and nonresidents of different states and file state tax returns accordingly. "

I've provided a few links below to assist you in determining which state would you be a resident and which would be non-resident.

Do I need to file a nonresident return for an out-of-state employer? 

Multiple States—Figuring What's Owed When You Live and Work in More Than One State 

How does working remotely affect my state taxes?