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Corinejk
New Member

I live in Oregon and my husband lives in Hawaii. How do we file our state taxes? Will we get double taxed in both states?

 
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JotikaT2
Employee Tax Expert

I live in Oregon and my husband lives in Hawaii. How do we file our state taxes? Will we get double taxed in both states?

You can file as married filing jointly on your federal return and if neither of you lived in the other state, you might be able to file separately on the Oregon state returns.  You will not be able to file separately on the Hawaii state return though.

 

For Oregon, it will depend.  If you are filing jointly for federal purposes, and your spouse does not reside in Oregon at all, you will file OR-40-N, Oregon Individual Income Tax Return for Nonresidents for the Oregon state return.  You will need to enter your own share of the federal AGI in relation to the total AGI.  Please see this link for more details on Oregon filing requirements.  Since your income would be taxed in Hawaii as explained below, you would be able to claim a credit on your Oregon return for taxes paid on the same income.  Please see this link for more details on the credits available on your Oregon return.

 

For Hawaii, your spouse would be considered as a resident if they reside in Hawaii for more than 200 days during the taxable year or if your spouse is domiciled within Hawaii (meaning he has a fixed permanent home within Hawaii).  If he meets this requirement, then he needs to filing his Hawaii returns as a resident on Form  N-11.  Hawaii does require you to file Form N-11 assuming your spouse is a resident of Hawaii and filing jointly for federal purposes.  The nonresident spouse would need to file and be taxed on their worldwide income.  Please see the instructions here for more information.

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