I need help. We have a home in Kansas. I stay home with the children in Kansas, while my husband works in Colorado. The only income we have is from Colorado. He rents and lives there for 2/3 of the year, only coming home to Kansas on his weeks off. How do I file for state taxes? Would he be considered a resident of Colorado, or a resident of Kansas?
It depends. For starters, for your scenario tax returns will have to be filed in both Kansas and Colorado. The question for Colorado is whether your husband is considered a resident or non-resident of the state. Here is some information from the Colorado Department of Revenue regarding residency status for tax purposes to help you make the determination.
A Colorado resident is a person who has made a home in Colorado, or a person whose intention is to be a Colorado resident. The Department will consider, among other things, Colorado voter registration, Colorado vehicle registration, Colorado driver license, school registration, property ownership and residence of spouse or children in determining intention to be a Colorado resident.
A full-year resident is an individual who was a resident of Colorado on or before January 1 and continued so through or after December 31.
A part-year resident is an individual who was a resident of Colorado for only part of the tax year. This includes anyone who moved into, or out of, Colorado at any time during the calendar year.
A nonresident is an individual who did not reside within the boundaries of Colorado at any time during the tax year but the person may have temporarily lived and/or worked in Colorado or may have received income from a Colorado employer or partnership.
Information obtained from this link: https://www.colorado.gov/pacific/sites/default/files/NewResidentGuide.pdf
Also, here is some guidance on how to file non-resident returns if that is the determination made. Plus, some guidance as to whether to file your state returns as married filing separate (even if your federal return is filed jointly.)
It depends. For starters, for your scenario tax returns will have to be filed in both Kansas and Colorado. The question for Colorado is whether your husband is considered a resident or non-resident of the state. Here is some information from the Colorado Department of Revenue regarding residency status for tax purposes to help you make the determination.
A Colorado resident is a person who has made a home in Colorado, or a person whose intention is to be a Colorado resident. The Department will consider, among other things, Colorado voter registration, Colorado vehicle registration, Colorado driver license, school registration, property ownership and residence of spouse or children in determining intention to be a Colorado resident.
A full-year resident is an individual who was a resident of Colorado on or before January 1 and continued so through or after December 31.
A part-year resident is an individual who was a resident of Colorado for only part of the tax year. This includes anyone who moved into, or out of, Colorado at any time during the calendar year.
A nonresident is an individual who did not reside within the boundaries of Colorado at any time during the tax year but the person may have temporarily lived and/or worked in Colorado or may have received income from a Colorado employer or partnership.
Information obtained from this link: https://www.colorado.gov/pacific/sites/default/files/NewResidentGuide.pdf
Also, here is some guidance on how to file non-resident returns if that is the determination made. Plus, some guidance as to whether to file your state returns as married filing separate (even if your federal return is filed jointly.)