turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

I am an LLC, I travel between 2 states to work, I have home offices in both places. My resident state is now different from my husband, can i still file married? We are good, I just have a crazy work schedule

 
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

2 Replies
AmyC
Expert Alumni

I am an LLC, I travel between 2 states to work, I have home offices in both places. My resident state is now different from my husband, can i still file married? We are good, I just have a crazy work schedule

Yes, it is common these days to see a happily married couple living in different states. File MFJ for federal.

 

Your resident state can be statutory or domiciliary. The place you want to live and intend to be - your license, voting, family, all come into play. Some states require you to claim resident just because you live there while others will let you claim non-resident. Some states have your situation so often, mostly the North East States Official Association, they have special rules. 

 

Some states require the same filing status as federal while other say unless such and such. You may want to reply with the states and more information.  See How do I contact my state Department of Revenue? 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

I am an LLC, I travel between 2 states to work, I have home offices in both places. My resident state is now different from my husband, can i still file married? We are good, I just have a crazy work schedule

Yes, but with some buts...

 

You must file as married, the question is whether you file married filing jointly or married filing separately. 

 

Important questions:

1. What are the two states?

2. Where are you domiciled?

3. How many days did you spend in the state where you are not domiciled, and what are your living arrangements in that location?

 

You say you have a different resident state.  Did you actually change your  domicile?  Domicile goes beyond mere physical presence. It is your "home base" or the place where you intend to return after temporary absences.  You only have one domicile at a time.  To establish your domicile, you must demonstrate both physical presence and the intent to make a specific place your permanent home.  No single factor controls, but important factors include your drivers license, car registration, voter registration, location of important business and personal relationships like your doctor, dentist, church, and other social activities, where your main home is.  It is possible to be away from your domicile for a long time without changing domiciles.  Also, changing your domicile requires that you take active steps to abandon your prior domicile in addition to setting up a new domicile.

 

So you first need to determine, are you domiciled with your husband in your original state, and your travel situation is temporary (temporary can mean years, it depends on your intention.  Where is your one permanent home.)

 

Assuming you are domiciled with your spouse, you file a state tax return in that state that lists all your combined income, dependents and deductions, no matter where your income was earned.  Then, if you are a non-resident of the other state, you file a non-resident return that only reports the income you earned in that state.  You can do this jointly as well because your spouse won't have any income to be taxed in the other state.  (Your home state gives you a credit for taxes paid to the non-resident state on the same income.)

 

Where it gets complicated is if you are a "statutory resident" of the other state.  That means that the state treats you as a resident by law, even if you are not domiciled there.   In that case, you need to file a resident return in that state, and if you file a resident return jointly, that second state gets to tax your spouse's income even if they did not work in that state.  In that case, it is usually possible to file the state return separately and the federal return jointly. This requires some extra effort on your part.

 

So simple answer: you file married filing separately on federal and both states; your spouse files married filing separately federal and one state.  But, MFS usually has higher taxes because some important deductions and credits are limited or disallowed.

 

Complicated answer: you may have to file MFJ federal, but MFS in all the states.

 

 

Unlock tailored help options in your account.

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question